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AI- 3493   17.    
City Council Agenda
Meeting Date: 02/05/2013  
Subject:    CC & R Modification - Park in Puyallup
Presenter: Tom Utterback
Department: Development Services  

Information
Recommended Action
Authorize the City Manager to sign the proposed Modification #3 to the existing CC&Rs for the Park in Puyallup, which includes the City-owned Recreation Center property, in a form acceptable to the City Attorney.    
Background
A portion of the City-owned Recreation Center property is located within the "Park in Puyallup," a 203-acre industrial park along Valley Avenue & Levee Road west of North Meridian. Over the past 30 years, the Park in Puyallup's gradual buildout has been overseen by Northwest Building Corporation, a Seattle-based developer which initiated the Park. Covenants, Conditions & Restrictions (CC&Rs) for the Park in Puyallup were established in 1984. Any modification to those CC&Rs requires the consent of owners representing at least 60% of the acreage of the total area. Two prior modifications to these CC&Rs, relating to landscape/site design standards, were enacted in the early 1990s.  

As the landowner of the Recreation Center representing 4.93% of the Park's acreage, the City was recently contacted by Northwest Building Corporation regarding a new proposed "Modification #3" to the CC&Rs. The primary reasons for this latest modification are to:

-   disband the Park in Puyallup's private Architectural Control Committee which had been established under the CC&Rs (we understand this committee has been dormant in recent years);
-   delete a number of CC&R development standards, instead having the land use of the affected properties be controlled by City zoning as well as a separate Concomitant Agreement which dates from 1980;
-   clarify that certain outdoor uses (i.e. car sales) are henceforth permitted per the CC&Rs without requiring authorization of the aforementioned Architectural Committee, as is currently the case.  

This proposed CC&R Modification #3 has already received consent from several property owners in the Park, including the Fred Meyer Distribution Center, the single largest owner. In order to expeditiously attain the 60% target, the City is also being asked to approve the Modification. Staff has reviewed the proposed Modification and is supportive of its approval, as we see no adverse effect to the Recreation Center site or vicinity.
Previous Actions (Discussions/Presentations)
To the best of staff's knowledge, the Park in Puyallup CC&Rs have not been before the City Council in recent years.
Summary of Proposal
The request is that the City Council, as property owners of the Puyallup Recreation Center, approve a proposed modification to the existing CC&Rs for the Park in Puyallup industrial area.
Alternatives/Options
Council may choose to join other Park in Puyallup property owners in ratifying the proposed CC&R Modification, or choose to not take part in this action.  In the latter option, if other owners of at least 60% of the total affected acreage do approve the Modification, it would still take effect.

Fiscal Impact
Amount Budgeted:
Bid Amount:
City Funding Needed for Project:
Funds from Other Sources:
Ongoing Staff Costs:
Fiscal Impacts:
This action would amend certain aspects of the current Park in Puyallup CC&Rs. Staff sees no direct fiscal impact to the City resulting from these changes.
Attachments
Park in Puyallup request letter
Proposed CC & R modification
Vicinity map

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