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HomeMy WebLinkAboutR-2001-074 Congdon Orchards, Inc. Memorandum of UnderstandingRESOLUTION NO. R-2001- 74 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Memorandum of Understanding with Congdon Orchards, Inc. WHEREAS, Congdon Orchards, Inc. ("Congdon") desires to annex the Congdon properties to the City of Yakima in accordance with the understandings and agreements contained in the attached Memorandum of Understanding, and WHEREAS, the Memorandum of Understanding includes a future conceptual development plan dated April 9, 2001, for the 900 -acre Congdon property, and WHEREAS, the Congdon development will result in substantial economic enhancements and benefits for both the City of Yakima and Congdon, and WHEREAS, the Memorandum of Understanding contemplates certain infrastructure improvements such as roads and wastewater facilities, and WHEREAS, federal, state, and local governmental budget limitations present continuing challenges to municipalities seeking available funding for necessary infrastructure improvements, and WHEREAS, with respect to the improvements contemplated by the attached Memorandum of Understanding, City management will promptly, diligently, and in good faith use their best efforts to pursue available funding sources, and WHEREAS, the City Council of the City of Yakima deems it to be in the best interests of the City of Yakima to enter into the attached Memorandum of Understanding with Congdon Orchards, Inc., now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Memorandum of Understanding with Congdon Orchards, Inc. ADOPTED BY THE CITY COUNCIL this / day of May, 2001. ATTEST: �Jc ry Place, Mayor City Clerk MEMORANDUM OF UNDERSTANDING 1. Parties City of Yakima 129 North Second Street Yakima, WA 98901 Congdon Orchards, Inc. P.O. Box 2725 Yakima, WA 98907 2. General Understandings This memorandum of understanding is intended to document various areas of negotiation, understandings and agreements by and between the City of Yakima (the "City") and Congdon Orchards, Inc., ("Congdon") regarding the matters set forth herein related to the future development of the Congdon properties ("Congdon property") and the surrounding areas, upon annexation of the Congdon property to the City. The future conceptual Development Plan dated April 9, 2001("Plan") for the Congdon property is attached hereto as Exhibit A and is incorporated herein by this reference. The parties recognize that over time this Plan may be modified to adapt to changing conditions and circumstances; substantial changes are not anticipated. Both parties recognize that a primary goal of these negotiations is to strengthen the planning process and to anticipate planning and land use issues, and to reduce and minimize the economic costs of future development of the Congdon property and its surrounding areas. Congdon and the City desire that this memorandum describe and implement planning principles, development standards, and procedures to eliminate uncertainty in planning. Congdon and the City also believe that this memorandum should: guide the orderly development of the Congdon property consistent with the Yakima Urban Area Comprehensive Plan ("Comprehensive Plan") and Exhibit A; describe the SEPA process for mitigating probable significant adverse environmental impacts, if any; describe installation of certain on-site and off- site infrastructure and improvements; and describe objectives and goals for funding of public improvements. Furthermore, both parties recognize that development of the Congdon property pursuant to this memorandum would be in the best interests of both Memorandum of Understanding - 1 parties, the Yakima community as a whole, and Yakima county in general. Lastly, in order to fulfill the goals, objectives and agreements contained herein, the City shall diligently and in good faith use its best efforts to satisfy applicable public funding requirements, obtain relevant governmental authorizations, comply with applicable environmental and land use laws, and initiate, propose and support any appropriate amendments to the City of Yakima Municipal Code. Certain specific points of understanding between Congdon and the City, as set forth below, are contemplated to become the basis of a GMA development agreement pursuant to RCW 36.70B.170-.210. The parties agree that they shall use their best efforts to diligently and in good faith promptly negotiate such a development agreement ("Development Agreement") on terms consistent with the points contained herein, not later than 120 days from the date hereof. In the event that the parties cannot reach agreement on a development agreement, this memorandum of understanding shall represent the goals, objectives and agreements of the parties with respect to the matters contained herein. 3. Terms of cooperation between City of Yakima, Yakima Air Terminal, and Congdon (a) Congdon "airport parcels" Congdon owns property south of Washington Ave. and near the existing Yakima Air Terminal (the "Airport Parcels"). Congdon is exploring negotiations with the Yakima Air Terminal ("YAT") by which YAT would acquire some or all of the Airport Parcels as part of the airport approach and transitional zone. Funding of this acquisition is a joint effort of YAT and the Federal Aviation Administration. The City, as a joint owner of YAT, shall cooperate with Congdon and YAT for the purpose of facilitating acquisition of the Airport Parcels by YAT on terms mutually agreeable to the parties and YAT. In the event that this property is not acquired by YAT, the City shall diligently and in good faith use its best efforts to pursue funding sources to provide urban -level infrastructure (i.e., roads, fiber optics and utilities) to these sites, including the use of eligible matching funds, low interest loans, or grants. (b) Airport safety overlay zoning district The airport safety overlay ("ASO") development regulation was adopted by the City of Yakima on February 6, 2001, and is codified in Yakima Municipal Code, Chapter 15.30. The ASO may be inconsistent with the land use designations contained in the Comprehensive Plan and imposes additional layers of "compatibility Memorandum of Understanding - 2 review" which discourages otherwise acceptable uses (such as schools, places of public assembly, and multi -family residential uses). This additional burden of review may subject otherwise permitted land uses to challenges unrelated to airspace protection concerns. Congdon acknowledges the interests of YAT regarding the prevention of airspace obstructions. To the extent that the ASO is not consistent with, or fails to implement, the land uses contemplated in the future land use map, or to the extent that the ASO creates additional burdens on development permit processing at the land use compatibility level (as opposed to the site planning and design and construction levels), the City, through City Management, will work in good faith and in cooperation with the YAT Board and Yakima County (joint owners to the airport with the City) to initiate and support formal legislative amendments to the ASO so that it is not inconsistent with the uses permitted in the Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, and the Yakima Zoning ordinances. 4. Standards, laws, and procedures governing Congdon development (a) Permitted uses; applicable law Congdon seeks to secure vested rights to develop pursuant to the applicable development standards as of the date hereof, or as of the date of any Development Agreement executed pursuant to this MOU. In this context, the phrase "development standards" is intended to mean rules, regulations, official policies, and other standards and specifications including all applicable provisions of Chapters 36.70A (Growth Management) and 58.17 (Plats, Subdivisions, and Dedications), the Yakima Municipal Code, the Yakima Urban Area Comprehensive Plan, all uncodified City ordinances and resolutions, as well as all other federal, state, and City rules, regulations, official policies, standards and specifications now in force and effect. (b) Adoption of future land uses and zoning districts The future land uses for the Congdon property were adopted by the City on February 6, 2001. Congdon proposes that the Future Land Uses Map adopted by the City on said date, and the relevant zoning districts for the Congdon property be modified as set forth in Exhibit A, Figure 7 and Figure 8. The City, through City management, agrees to initiate, propose and support amendments, modifications and/or changes to the Future Land Use designations, and the underlying zoning districts, as proposed by Congdon in said Exhibit A. Said amendments, modifications or changes will be commenced Memorandum of Understanding - 3 through rezone and/or amendment or modification to the Urban Area Comprehensive Plan and city zoning ordinances. City Management agrees to take all steps necessary to promptly, diligently and in good faith pursue these referenced amendments, modifications and/or changes. (c) Environmental review In the development of the Congdon property, and to the fullest extent permitted by law, the City and Congdon agree to seek to utilize the MDNS process to satisfy SEPA requirements. In particular, the parties shall act in good faith and use their best efforts to negotiate acceptable terms of an MDNS pursuant to RCW Chapter 43.21C, with the acknowledgement that traffic mitigation and airspace obstructions and hazards will likely require particular future study. (d) Right to farm Right to farm legislation supports the concept that farm operations are appropriate land uses in certain zoning districts. This is true even though they may be associated with ". . . noise, odors, dust, fumes, operation of machinery and irrigation pumps, ground and aerial seeding and spraying, the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides, and associated drift of such materials. . . . " Yakima County Code § 6.22.010. The City recognizes that the Yakima Urban Area Comprehensive Plan, and any development regulation thereunder, acknowledges the existence of right to farm policies of the Congdon property. If necessary to preserve Congdon's right to farm on its property, the City will initiate, propose and support the adoption of right to farm legislation or otherwise take measures to assure Congdon that ongoing intensive agricultural use of the Congdon property (pursuant to best management practices) shall be supported by the City in the event of conflict due to continuing urban growth. 5. Infrastructure (a) Roads Congdon and the City recognize that Washington Ave. and W. Nob Hill Blvd. are anticipated to undergo substantial improvements in the near future. Congdon is willing to dedicate necessary rights of way to the City for improvements along Washington from 48th Avenue to 64th Avenue and Nob Hill Blvd. from 50th Avenue to approximately 72nd Avenue in consideration of funded commitments obtained by the City for improvements to these streets. Improvements include upgrading to appropriate urban arterial standards, which may include but are not limited to gutters, lighting, sidewalks and Memorandum of Understanding - 4 intersection improvements. Congdon's financial participation to these improvements shall be limited to the dedication of necessary rights of way along Nob Hill Blvd. and Washington Avenue to accommodate these improvements. City Management will promptly, diligently and in good faith use their best efforts to pursue all available funding sources for the improvements above described, and will propose that such improvements be added as high priority items to the City Council's adopted six-year TIP; provided, however, it is the goal and objective of the City to endeavor to complete the improvements described herein within four years from the date hereof. Arterial improvements (e.g., street widening, curbs, gutters, sidewalks, lighting) to 64th Avenue between Washington Avenue and Midvale/Arlington avenues are anticipated but will be deferred as to such time as the City determines that appropriate demand exists and funding is available. In any event, Congdon shall have no obligation to incur any expense or financially participate in improvements to 64th Avenue, except that Congdon will participate in the funding of such improvements by contributing, at its cost, sufficient right-of-way for public improvements (e.g., street, utilities, wastewater) to 64th Avenue. The parties will cooperate to preserve to Congdon a continuing right to cross Nob Hill Blvd. and 64th Avenue for agricultural purposes in accordance with Congdon's customary operation of its adjacent orchards, subject to laws regulating the usage of public roads and right-of-ways. (b) Wastewater It is a basic assumption of this memorandum of understanding that the City's West Valley Interceptor Sewer oversizing and other necessary trunkage improvements in the affected area are guided by the language and intent found in the latest Wastewater Facilities Plan. Reasonable estimates of service population and land use have been used to provide proper and efficient layout of trunkage and interceptor placement. While it is assumed that the West Valley Interceptor north of Washington Avenue has sufficient capacity to accommodate the proposed development of the Congdon property depicted in Exhibit A, it is, also, reasonable to presume that adjustments to these layouts and associated cost projections may occur as the service area develops and/or as Congdon property development plans become more detailed. An 8 inch sewer extension line will be constructed by the City, at its cost, north along 64th Ave. from the City's West Valley Interceptor to the area just south of Wide Hollow Creek to provide service to the Congdon property in the vicinity of Wide Hollow Creek. In addition, the City shall construct, at its cost, Memorandum of Understanding - 5 an 8 -inch sewer extension line west along Nob Hill Blvd. from 54th Avenue. to approximately 62nd Avenue. In addition, the City will construct, at its cost, a sewer trunk line (minimum 27 inches) across Congdon's property, as depicted and disclosed in Exhibit A, Figure 9, or at such other location as may be approved by the City and Congdon. Congdon shall participate by the dedication of a non-exclusive easement for sufficient right-of-way for this sewer trunk line. 1 This easement will further accommodate other underground utilities, such as gas, electrical, fiber optics, and water. The trunk line and sewer extension lines described herein will be constructed as public works projects of the City. City Management will diligently and in good faith pursue all available funding sources for these wastewater improvements. These wastewater improvements will become high priority items in the City's Wastewater Facilities CIP; provided, however, it is the goal and objective of the City to endeavor to complete the 8 -inch sewer extension lines described herein not later than three years from the date hereof, and the trunk line improvement not later than five years from the date hereof. Congdon and the City will diligently and in good faith negotiate wastewater trunkage, collection and connection fees (and other related fees) such that these fees are calculated on a basis that takes into account the desirable planning goal of preservation of open space. In any event, City Management agrees to study and consider amendments to the Yakima Municipal Code to provide that trunkage, collection and other connection fees shall not exceed an amount based on a formula in excess of two times the square footage of the footprint of any subject building; provided, the parties recognize that such amendments may result in higher rates being distributed across other identified customer classes. City Management will also study and consider amendments to the Yakima Municipal Code to permanently exempt undeveloped natural and/or non-sewered areas from inclusion within the fee formulas. 'In the event that a wastewater trunk line and/or subsidiary collector lines are constructed across the central portion of Congdon's property by or at Congdon's expense, the City shall participate in oversizing costs and shall waive connection charges (including the Base Trunks/Interceptors Charge, and/or the Base Collection Pipes Charge, excluding treatment charges) related to such improvements constructed by Congdon for the Congdon property served by such sewer improvements constructed by or at Congdon's expense. It is the intent of this provision that the accommodations and provisions as provided for in the Apple Tree- City of Yakima agreements ("Sewer Construction and Bond Purchase Agreement" dated November 11, 2000) shall provide a precedent and model for similar accommodations and agreements granted to Congdon herein. Specifically, and not in limitation thereof, the provisions of paragraph 4.4 of the Sewer Construction and Bond Purchase Agreement are incorporated herein to provide specific precedence and guidance in addressing and resolving similar matters and issues between the City and Congdon. Memorandum of Understanding - 6 This agreement shall terminate in the event the parties do not commence to substantially perform the essential terms and conditions contained herein within 50 years from the date hereof. DATED this Z' day of May, 2001 Contract No. 2001-49 CITY OF YAKIMA, WASHINGTON Resolution No. R-2001-74 Richard A. Zais, Jr., Ci Manager CONGDON ORCHARDS, INC. By ' '�,�(�,_�/� Itswti`11 f: \ clients \ tcs \ congdon \ annex \ memo understanding final.doc 4/25/2001 3:00 pmbw Memorandum of Understanding - 7 Petition No. 01-01 BEFORE THE CITY COUNCIL OF THE CITY OF YAKIMA IN THE MATTER OF THE PETITION FOR THE ANNEXATION OF THE PROPERTY DESCRIBED BELOW PETITION FOR ANNEXATION Comes now, the following named person(s), firm(s) or corporation(s) CONGDON ORCHARDS, INC. 181328-13421, 181328-23400, 181328-33001, 181328-42400, 181329-41400, 181329-44001, 181333-11001, 181333-12001, 181328-31400, 181329-13405, 181332-11001, 181333-23001 and petition the City Council of the City of Yakima that the following described property situate in Yakima County, Washington, to -wit: See attached Legal Description (on reverse) be annexed to the City of Yakima, and in support of said Petition, we, the undersigned person(s), firm(s) or corporation(s) being the owners of not less than 75 percent in value according to the assessed valuation of said property for which annexation is petitioned; that said property is not now within the limits of any incorporated town; that said property is contiguous to the City of Yakima; that a plat or drawing of the boundaries of said property which is sought to be annexed is attached hereto; that the City Council of the City of Yakima has determined that it will accept the proposed annexation and that it will require the pro rata assumption of existing City indebtedness by the area proposed by this petition to be annexed, as reflected by the following quotation from the minutes of the March 20, 2001 meeting of the Yakima City Council: "It was duly moved, seconded and passed that the annexation proposed by Petition No. 01-01 (Notice of Intention to Commence Annexation Proceedings) be accepted by the City of Yakima and that the area sought to be annexed be required to assume its pro rata share of the City's existing indebtedness. WHEREFORE, petitioners pray that the City Council make and enter an Order fixing the time and place of hearing this petition pursuant to R.C.W. 35.13.140; that due notice be given of such hearing and that upon a hearing the said property be annexed to the City of Yakima. The petitioners subscribing hereto agree that all property within the territory hereby sought to be annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Yakima, including assessments or taxes in payment of any bonds issued or debts contracted prior to or existing at the date of annexation. This page is one of a number of identical pages forming one petition intended by the signers of this petition to be presented and considered as one petition and may be filed with other pages containing additional signatures which cumulatively may be considered as a single petition. Congdon Orchards, Inc. By Gene R. Woodin, Jr., President itin-.rs Congdon Petitioners LEGAL DESCRIPTION FOR THE CONGDON ANNEXATION All that part of the South three quarters of Section 28, the North half of Section 33, the Northeast quarter of the Northeast quarter of Section 32, the East half of the Southeast quarter and the South half of the Northeast quarter of Section 29 all in Township 13 North, Range 18 East, W.M. described as follows: Beginning at a point along the corporate limits of the City of Yakima said point being the point of intersection of the South right-of-way line of West Washington Avenue and the West right-of-way line of South 48th Avenue; thence Northerly along said West line to the South line of Lot 25, Yakima Valley Orchard Tracts, according to the Plat thereof recorded in Volume "A" of Plats, Page 75, records of Yakima County, Washington; thence Northwesterly along the South line of said Lot 25 to the Northwest corner of Lot 25; thence along the North line of said Lot 25 to a point that is 163.19 feet Easterly of the said StJa m -J, !c!!vc. Easterly along the North said Southwest corner of Lot 23 of said Yakima Valley Orchard Tracts; thence North 72° 49' 35" West to a point on the South right-of-way line of the Yakima Valley Transportation Company Railway; thence Southwesterly along said South right-of-way line to a point on the West line of said Lot 23; thence Northerly along the VVest line of said Lot 23 to the Southerly right-of-way line of West Nob Hill Blvd.; thence Northerly along the West line of said Lot 23 extended and the West line of the Southeast quarter of the Northeast quarter of said Section 28 to the Northwest corner of said subdivision; thence Westerly to the Southeast corner of the North half of the Northwest quarter of said Section 28; thence Westerly along the South line of said North half a distance of 660.00 feet; thence continuing Westerly along the South line to the Southeast corner of the Northeast quarter of the Northeast quarter of Section 29, Township 13 North, Range 18 East, W.M.; thence Westerly along the South line of said subdivision to its intersection with the West line extended of Block 1 of the Plat of Westwood West recorded in Volume "U" of Plats, Page 18, Records of Yakima County, Washington; thence Northerly along said West line and West line extended to its point of intersection with the North right-of-way line of Midvale Road; thence Westerly following along the North right-of-way line of Midvale Road to the point of intersection with the West right- of-way line of South 72nd Avenue; thence Southerly along the West right-of-way line of South 72 Avenue to a point 698.00 feet North of the South line of the Northeast quarter of said Section 29; thence South 88° 45' East to a point that is 700.85 feet East of the West line of the Northeast quarter of said Section 29; thence South 0° 01' 35" West to the point of intersection with the South right-of-way line of Nob Hiil Blvd.; thence Easterly following along the South right-of-way line of Nob Hill Blvd. to the West line of the East half of the Southeast quarter of Section 29, Township 13 North, Range 18 East W.M.; thence Southerly along the aforesaid line to the intersection of the West line of the East half of Section 32, Township 13 North, Range 18 East W.M.; thence continuing Southerly along the aforesaid line to the Northwest corner of Lot 1, Block 7, Washington Park, as recorded in Volume DD of Plats, Pagel 2, records of Yakima County, Washington; thence Easterly following along the North line of the Plat of Washington Park to the West right-of-way line of South 64th Avenue; thence Southerly along the aforesaid right-of-way line to its point of intersection with the South right-of-way line of West Washington Avenue; thence Easterly along the South right-of-way line of West Washington Avenue to the point of beginning. And that portion, if any, lying south of Nob Hill Boulevard and North of the Yakima Valley Transit Co. Railway in the Northeast quarter of the Southwest quarter of Section 25, Township 13 North, Range 18 East W. M. Yakima County Public Works Department Checked for accuracy of Legal Description only: � /1/1 Lt / I7 en 1 ck Aquino, Right -of -Way Man'ger BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. O For Meeting Of Mav 15, 2001 ITEM TITLE: Resolution Authorizing the City Manager of the City of Yakima to Execute a Memorandum of Understanding with Congdon Orchards, Inc. SUBMITTED BY: (/lm Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: William Cook, (575-6113) SUMMARY EXPLANATION: For more than ten years. City of Yakima staff have been meeting informally with representatives of the Congdon family to discuss the potential annexation and development of their 800 plus acre site. Within the past twelve months two events have led to an increased interest on both parties to formalize these discussions 1) Congdon Orchards has focused time and effort on the economic development potential of their property, and 2) The City's westward annexation has reached a point at which the Congdon property annexation is a logical next step. The attached Memorandum of Understanding between the City of Yakima and Congdon Orchards, Inc., if approved, will, guide the orderly development of the Congdon property consistent with the Yakima Urban Area Comprehensive Plan and the attached "A Development Strategy"; describe the SEPA process for mitigating probable significant adverse environmental impacts, if any; describe installation of certain on- site and off-site infrastructure and improvements; and describe objectives and goals for funding of public improvements. Congdon Orchards, Inc. recently submitted a Notice of Intent to Commence Annexation which was accepted by the City. In turn, the City submitted its annexation application to the Yakima County Boundary Review Board on March 21, 2001. It is understood by all parties that the City's participation Continued on next page Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL:�� c,� -� City Manager STAFF RECOMMENDATION: Approve the attached resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-74 m accomplishing the goals and objecrives discussed within the Memorandum of Understanding, is contingent upon Congdon properties being located within the iiinsclicrion of the Cite of Yakima. Furthermore, it is the intent of all parties that this Memorandum of Understanding serve as the framework for a Development Agreement to be prepared for public hearing and Council approval as provided for under the State Growth Management Act (GMA). The attached Memorandum of Understanding envisions a partnership between the City and Congdon Orchard. Inc to support and promote the redevelopment of the Congdon properties. an area approximately the size of the original City of Yakima incorporated in 1886. The following summarizes the primary issues included in the memorandum: Congdon: Congdon proposes a development strategy which at full build -out could generate up to 5800 million in economic activity, annually. A planned development which would Include housing, commercial, retail. business park and light mdustnal uses r _ ,-a__ Glen Assistant City Manager dated April 2001, Terry Schmalz, cover of a letter to Glenn Rice, r��sistari� City April 26, � �;; Attorney for Congdon Orchards, Inc. includes two potential "schedules" to describe the economic impact of the long-term fully developed plan. Clearly, this project has the potential to generate significant new development, jobs. increased property values and tax revenue for the City of Yakima and the region. City of Yakima. The City of Yakima agrees to "diligently and m good faith use its best efforts" to secure funding and construct sewer line and road improvements along Nob Hill Blvd., Washington Avenue and 64th Avenue and to extend the City's proposed new West Valley Interceptor line across Congdon property. By this memorandum, the City would commit its "good faith best effort" to complete these projects on a schedule of 3 years to 5 years as shown on the attached Congdon Property map. [Please note, there is no specified time line for road improvements on 64th Avenue and therefore we have not prepared a cost estimate for this work] in return, Congdon agrees to donate all nghts of way and easements required to build these projects across their land. These improvements can be characterized in two categories (See attached preliminary engineering estimates): 1) Future public improvements anticipated, with or without Congdon build -out. a) 27" West Valley Interceptor across Congdon property b) Widening of Washington Avenue from 48th Avenue west to 64th Avenue c) Widening of Nob Hill Blvd. From 52" Avenue west to 72' Avenue 2) Improvements, the cost of which the City is being asked to "front end" for which the City will be reimbursed over time from connection fees. a) 8" Nob Hill sewer line b) 8" 64th Avenue sewer line. Please note, Congdon has requested an 8" line, however our preliminary engineering suggests that a 12" may be required because of the limited slope across the length of this segment.. For estimating purposes, we have used a 12" line. In addition, the City, through City management, agrees to "initiate, propose and support" proposed changes to the Future -land Use designation and zoning districts of land proposed for redevelopment within the Congdon property. It is understood that the final outcome of a legislative process cannot be predetermined and that final approval would be subject to Council action. u■ . I� a■■�■�� 1 U R L Amend re se to ■ ■ i siP ice, sBA —� raphil 11111 ii 11 11; 111111111111111EM 111•11111. 8" Sewer (3 years 4 1 1 ears 1 Road Improvements (4 years) 27" Interceptor (5 years Future Road Improvements (No Time Line) ■.■■.■......■ . .E.E.E...E.E... ............I.E. MIEEMI...E.E.EIMMI. ............�... MEM lINflL16CMI■■■■ ■■■ ■••....■■■■MIME■ ■.■■■■■.■..MIME. .■■■..■■.■E■■■■ .E......MIE..... a 1 S1 Road Improvement1(4 ya s congdonstudy ngdon roperty 44 of Yq' f a 1 i•._(I 14 q"10* 1101 Scale -lin =1000ft 0 M 0 0 0 500 1000 Created: May 09, 2001 LAW OFFICES OF HALVERSON APPLEGATE P.S 311 NORTH FOURTH STREET P.O. Box 22730 '! AKIMA.W.ASHINGTI x 98907-2715 TELEPHONE: 509-575-6611 E-MAIL: hapsghal verson law.com FACSIMILE: 509-457.2419 April 26, 2001 HALVERSON APPLEGATE P. S. ATTORNEYS AT LAW Glenn Rice, Assistant City Manager CITY OF YAKIMA 129 N. Second Street Yakima, WA 98901 Re: Congdon Orchards annexation Dear Glenn: Lawyers for Central Washington TERM C SCHo1.7L_ RECE1�ask E D rrct Phan: CITY C= Yt,KIAAA APR b 2001 OFFICE CF crn' MANAGER Via hand delivery Enclosed you will find two schedules prepared in connection with two hypothetical conceptual future developments or build -outs of the Congdon property in connection with its anticipated annexation. These schedules were prepared in support of the document entitled A Development Strategy prepared by Hart/Howerton dated April 9, 2001. I would ask that you contact Cliff Adams directly regarding any questions you will have and explanations you will need in connection with your use and presentation of these schedules. Please understand that there is no specific project or development anticipated at this time. Potential developments and projects are generally described in A Development Strategy, and the enclosed schedules are estimates or hypotheticals of what could occur. It is this potential which is, quite frankly, challenging and exciting to contemplate for the mutual benefit of not only the City and Congdon but also for all of Yakima County and Central Washington. Cordially, Terry C. Sc alz TCS:bw f:\clients\tcs\congdon\annex\rice letter.doc 4/26/2001 10:52 ambw CONGDON ORCHARDS Density & Population Estimates Based on: Revised Yakima Future Land Use 9 April 2001 LAND USE SCHEDULE 1 SITE DENSITY UNITS GFA POPULATION SALES AREA (ac) FAR - Du/ac Du . SF RATIO PEOPLE JOBS RATE $/SF $/YR COMMERCIAL Large Conven Coml- BBx 26.8 0 25 291,852 6.00 1,751 204.3 $500 $145,926,000 Large Conven Coml- NS 74 5 0.25 811,305 6 00 4,868 811.3 $450 $365,087,250 Arterial Commercial 71 7 0 25 780,759 6 00 4,685 858.8 $300 $234,227,565 Neighborhood Coml 15.1 0.20 131,377 6.00 788 157.7 $200 $26,275,392 188.1 2,015,293 12,092 2,032 $771,516,207 RESIDENTIAL Medium -Density Resid High -Density Residential INDUSTRIAL Light Industrial- BP Light Industrial -W 267.5 12.0 3,210 2.60 8,346 8 142.3 18.0 2,561 1.80 4,610.5 409.8 5,772 12,957 OPEN SPACE Agriculture (Orchards) Open Space 164.4 0.35 2,506,442 4 00 10,026 10,026 72.6 0.40 1,264,982 1.00 1,265 1,265 237.0 0 3,771,425 11,291 11,291 GRAND TOTAL 0.0 0.0 0.0 834.9 5,772 5,786,717 36,340 13,323 $771,516,207 ac Du SF people jobs $/yr SCHEDULE 2 CONGDON ORCHARDS Density & Population Estimates (Based on: CONCEPTUAL DEVELOPMENT STRATEGY PLAN 9 April 2001 LAND USE SITE DENSITY UNITS GFA POPULATION SALES AREA (ac) arFAR RATIO PEOPLE JOBS RATE $✓YR COMMERCIAL Retail Commercial- BBx 26.8 0.25 291,852 6.00 1,751 204 3 $500 $145,926,000 Retail Commercial- NS 37.1 0.25 404,019 6 00 2,424 404 0 $450 $181,808,550 Congdon Coml Ctr- A 37.4 0.25 407,286 6.00 2,444 448.0 $300 $122,185,800 Congdon Coml Ctr- B 29.0 0.20 252,212 6.00 1,513 302.7 $200 $50,442,480 130.3 1,355,369 8,132 1,359 $500,362,830 RESIDENTIAL Single Farnily Residential 143.1 6.0 858 3.10 2,661 Single Farn- Medium 173.7 10 0 1,737 2.60 4,516 Retirement Community 74.4 15.0 1,116 1.80 2,009 391.2 3,711 6,525 INDUSTRIAL Business Park Light industrial OPEN SPACE. Agriculture (Orchards) Open Space 212.9 0.35 3,245,873 4.00 12,98:3 12,983 35.3 0.40 615,067 1.00 615 615 248.2 3,860,941 13,599 13,599 37.3 28.0 1 10.0 10 Du = Westhome 65.3 1 0 10 GRAND TOTAL 834.9 3,712 5,216,310 28,266 14,958 $500,362,830 ac Du SF people jobs $/yr CONGDON SITE OFF-SITE INFRUSTRUCTURE COST SUMMARY 5/1 0/0 1 (revision 3) I. PUBLIC IMPROVEMENTS: estimated cost A. Sanitary Sewer 1. 12 -inch Pipeline along west shoulder of S. 64th Ave. Length: 3100 L.F. Cost: Construction (Incl. S.S.Tx.: $200,000 Engineering (10%): $20,000 Contigencies (15%) $30,000 Total Cost: $250,000 2. 8 -inch Pipeline along north side of W. Nob Hill Blvd. Length: 3150 L.F. Cost: Construction (Incl. S.S.Tx): $210,000 Engineering (10%): $21,000 Contingencies (15%): $31,000 Total Cost: $262,000 3. 27 -inch Pipeline through Congdon Property Length: 9325 L.F. Cost: Construction (Incl. S.S.Tx.) $1,053,000 Engineering (10%): $105,300 Contingencies (15%): $158,000 Total Cost: $1,316,300 B. Roadway Improvements 1. Nob Hill Blvd. widening with new pavement, curb & gutter, Sidewalks, Illumination Distance: Approx. 0.75 mile Cost: $1.5 million/mi $1.125 million 2. W. Washington Ave. same as for Nob Hill Blvd. Distance: Approx. 0.75 mile Cost: $1.5 million/mi $1.125 million Total Cost: $2,25 million II. CONGDON DONATION: estimated value A. Road Right of Way 1 Nob Hill Blvd. - Principle Arterial (total 100' width) Area: 35,000 S.F. Cost: $1.00/S.F.= $35,000 2. W. Washington Ave. Minor Arterial (total 80' width) Area: 4n nnn S.F. Cost: $1.00/S.F.= $40,000 Total Cost: $75,000 B. Utility (Sewer Trunk) Easement 1. Min. 20 -feet in width from S. 48th Ave. to S. 64th Ave. Area: 158,000 S.F. Cost: $1.00/S.F.= $158,000 2 UTVA EB EW AVE W NOB HLLBLVD W NOB HLL BLVD CONGDON PROPERTIES conpdonprop City of Yakima Congdon Property Lakes / Reservoirs —y Railroad Line City Limits Scale —lin = 3500ft 0 1750 3500 Created: May 09, 2001 664 a i i 1% rec..r c90 19'4 9Q t _4�'� • • L _' r. • 11/4 elk r fi y`'Tv 1"mr. ter Also je„ 177 i\a11 n0 .411 a ,. • 14-41a: r rtg iot t4iTY t t1 =;f 1''i •:s.:, '� i.1 ea 11 4150 i..,, . .ter IF' .I _ AJ140 .044 4 conpdonprop I I I I City of Yakima Congdon Property Digital Color Orthophotography flown 07/18/1998 2 foot Contour Interval Lakes / Reservoirs Railroad Line City Limits 10t of Yoh♦. •v o 'i~ 5 4 ,~PIMi Scale -lin = 1000ft 0 500 1000 Created: May 09, 2001 nim :: to : i 111111 g II in ow o :Ammo .n �. IMMO MI ■ ■ 81111 WIN It Imiq n ■LI'in■ mg �i��l IliMB a 1 L 1 l c o n p c i t y N N City of Yakima Original City Congdon Properties Congdon Properties Original City .titin V of Y11r4 4 oC tif. m i0 a $6 - Scale —1 in = 1000ft 0 500 1000 Created: May 09, 2001