HomeMy WebLinkAboutR-2020-019 Development Agreement for Plat of Apple Tree Phase 4RESOLUTION NO. R-2020-019
A RESOLUTION authorizing and directing the City Manager to execute a Development
Agreement with Apple Tree Construction, LLC., (here after
"Developer") for the Plat of Apple Tree Phase 4
WHEREAS, the City of Yakima (here after "City") is a first-class charter city
incorporated under the laws of the State of Washington and has the authority to enact laws
and enter into agreements to promote the health, safety, and welfare of its citizens and
thereby to control the use and development of property within its corporate limits, and
WHEREAS, the City has the authority to enter into development agreements with
those who own or control property within its jurisdiction pursuant to RCW 36 70B 170-
36 70B 170 and YMC 14 10 010, and
WHEREAS, on June 6, 2017, after notice duly given according to the requirements
of the City of Yakima Municipal Code, the City Council held a closed record public hearing
and adopted the recommendation of the Planning Commission for files PLP#002-13 and
SEPA#024-13 (see Resolution R-2017-070), and
WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the
Final Decision for the execution of a development agreement between the Developer and
the City to implement the conditions set forth in the Final Decision, and
WHEREAS, the City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will,
amongst other things, implement the conditions in the Final Decision, eliminate uncertainty
over development of the Project, provide for the orderly development of the Project
consistent with the City's current Comprehensive Plan and zoning for this Property, mitigate
environmental impacts, and otherwise achieve the goals and purposes for which the
Development Agreement Statute was enacted, Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated Development Agreement. The Yakima City Council, after a
duly noticed public hearing, has determined that execution of this Agreement furthers the
public health, safety and general welfare, and that the provisions of this Agreement are
consistent with the Comprehensive Plan and applicable development regulations
ADOPTED BY THE CITY COUNCIL this 4th day of Februgry, 2020
ATTEST
Sonya Claar\Tee City Clerk
\.)
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Patricia Byers, l ayor'
Development Agreement By and Between
City mfYakima
and
Apple Tree Construction Company, LUC for
Apple Tree Phase No. 4
This Development Agreement ("Aonoement")iomade and entered into between the City ofYakima,
oVVaohingbon municipal corporation ("City") and Apple Tree Construction Company. LLC, aVVashinQhnn
limited liability company ("Apple Tree" or "Developer").
kRECDAL@
Whereas, the City is a first class charter city incorporated under the laws of the State of Washington
and has the authority toenact laws and enter into agreements topromote the health, safety, and welfare
of its citizens and thereby to control the use and development of property within its corporate limits; and
Whereas, the City has the authority toenter into development agreements with those who own or
control property within its jurisdiction pursuant boRCVV3G.7OB. 170(1);and
Whereas, a development agreement must set forth the development standards and other provisions
that shall apply to, govern and vest the deve|npment, use and mitigation of the development of the nao|
propertyhorthedunationapecifiedintheagreomentpureuontboRCVV30.7D8.17O(1);ond
VVherans.forthepurpooeoufthisdeve|opmentagneement.^deve|opmentstandands^inc|udoo.but
is not limited to, all of the standards listed in RCW 36.70B. 1 70(3)-1 and
Whereas, Developer isthe owner of five parcels of approximately 24.83 acres at the west side of
8.8GthAvenue, Yakima, Washington (the ''Proparty^). The Property iolegally described oafollows:
See Attached Exhibit A., incorporated herein by this reference; and
Whereas, Developer has proposed oG8-|otsubdivision comprised of three (3)phases together with
three (3) individual p|ota, authorizing common private interior roadways, gateo, and rolled curb and gutter,
known aaApple Tree Development —Phase 4;and
Whereas, Apple Tree and City cooperated in a public/private partnership hzdesign and construct
public wastewater line and service facilities in order to provide wastewater service tothe Ahbanum Sub —
Basin. Sewer construction and financing was provided by Apple Tree Partnership pursuant to Sewer
Construction and Bond Purchase Agreement dated November 14, 2000. Apple Tree Phase No. 4 is
situated within the benefit area and properties subject to agreements with regard to vvonbnwobar
connections ooset forth inthe referenced agreement; and
VVhereao, pursuant to the Growth Management Act, RCVV 38. 70A. the City adopted its Yakima
Urban Area Comprehensive Plan. SubamquenUy, the City has revised and updated this plan and has
adopted and continues to adopt development regulations to implement the p|an, including adoption of
Yakima Urban Area Zoning Ordinances, which zoned the property Low Density Residential; and
Whereas, an open record public hearing was held before the City of Yakima Planning Commission
on April 12. 2017. (following required public notice) and the Planning Commission issued m
Recommendation bothe Yakima City Council onApril 2G.2O17;and
Whereas, City Council held ocdosad record public hearing and considered the application, record
and Planning Commission's Recommendation on June 6, 2017, and approved the subdivision (Resolution
R-2017-070); and
VVhereao, the parties intend this agreement to guide the current and future uses of the pnoperty.
Whereas, the City Council, at an open public hamhng, authorized the City Manager bnsign this
development agreement with the developer,
Now, bherefore, the parties hereto agree asfollows:
ILAGREEIVIENT
|nconsideration ofmutual benefits, the parties agree aafollows,
1 The project or Project is the development and use of approximately 24.83 acres
inthe City cfYakima. The Apple Tree Development —Phase 4approval, PLP#DO2'13and SEPA#D24'
13 describe the project as a thirty (30) lot residential deve|o9ment, and four additional tracts to be
developed with naaidenUs| use, all with gated private roada, and as more particularly set forth in the
approved preliminary plat of Apple Tree Phase No. 4 ("Subdivision" or ''P|oC') — Exhibit B. Exhibit B is
attached hereto and fully incorporated herein as the proposed development subject to this Agreement.
Apple Tree Phase No. 4 was reviewed and recommended for approval by the City of Yakima Planning
Commission as set forth in the Recommendation to the Yakima City Council on April 26. 2017. and the
Subdivision was approved byYakima City Council onJune G.2O17
The deve|opment, as outlined on Exhibit ^B^ and within the City Counci|'a findings regarding the
preliminary plat incorporating the Planning Commission recommendation, meetsthe minimum lot size and
setback requirements for the R-1 zoning district. Consistent with Y&4C 15.28.035(0). the development
will contain adequate infrastructure and landscaping as outlined on the plat.
2. Subject Property. The project site is legally described in Exhibit "Aattached hereto and
incorporated herein by this reference (sometimes referred toosthe "Subject Property" or "Property"
3. Parties to Development Agreement. The parties to this Agreement are:
a) The "City" is the City ofYakima.
b) The "Developer" isApple Tree Construction LUC.
o) "Landowner" or "landowners". From time totime, as provided in this Agreement, the
Developer may ae|| or otherwise lawfully dispose of portion of the Subject Property to
a landowner who, unless otherwise released, shall be subject to the applicable provisions
ofthis Agreement related tosuch portion ofthe Subject Property.
4. Private Undertaking. Itisagreed among the parties that the Project isaprivate development
and that the City has no interest therein except as authorized in the exercise of its 0memmonto|
5. Development Terms.
a) bide bythe terms and
conditions established by City for the preliminary plat of Apple Tree Phase No. 4, including construction
(or bonding if approved pursuant to Yakima Municipal Code section 14.05.200) of all infrastructure and
improvements described on the preliminary plat plan decisions.
b) Determination of Non - Significance. Developer agrees that the Property shall be used
and developed in a manner consistent with the project description in the State Environmental Policy Act
(SEPA) Determination of Non -Significance issued by the City of Yakima on April 11, 2014 (File No. SEPA
#024-13), and incorporated herein by this reference as if set forth in full (the "DNS").
c) Gate and Interior Roads. Apple Tree Phase No. 4, Phases I, II, and III will be developed
as a gated private residential community. Gate location shall be as set forth on attached Exhibit B. Interior
roadways (including fire access roads) shall be private and maintained by Apple Tree and/or a
homeowners' association established for or by residents of Apple Tree Phase No. 4. In the event Apple
Tree and/or a homeowners' association is terminated, disassociated, or ceases to legally exist, the lot
owners of Apple Tree Phase No. 4 shall be responsible for the gates and interior roads of the development.
The private roadways shall not become public roadways unless they meet all City public road standards
and requirements and are accepted by the City Engineer. If the streets are ever made public, all entry and
exit gates will be removed.
d) Phased Development. Apple Tree Phase No. 4 is designed as a phased residential
development. Development shall proceed at such times and manner as determined reasonable and/or
appropriate by Apple Tree and subdivision approval shall continue for the period specified herein. Any
residential construction shall be subject to applicable building codes in place at the time a complete
building permit application for said construction has been received by the City.
The parties acknowledge that the most efficient and economic development of the Subject Property
depends on numerous factors, such as market orientation and demand, interest rates, competition and
similar factors, and that generally it will be most economically beneficial to the ultimate purchasers of the
Subject Property to have the rate of development determined by the Developer. The parties also
acknowledge that the first phase of Apple Tree Phase 4 will provide improvements available to all tracts
of land associated with the entire phased development except Tract "D" and the improvements necessary
for Tract "D" shall be constructed prior to, or at the time of development of Tract "D" as required.
e) Wastewater Connections. Developer acknowledges and agrees that it shall participate
in the development and costs associated with all wastewater connections and necessary infrastructure as
required under the Sewer Construction and Bond Purchase Agreement, dated November 14, 2000, which
is fully incorporated herein.
That Agreement states that during the first 40 years of the Sewer Construction and Bond Purchase
Agreement (so until November 13, 2040), the Developer shall not be charged for the future portion of the
Trunkage Element found in YMC 7.58.060 as it existed at the time of the Agreement, and that the historic
portion of the Trunkage element, which must be paid, is set at the rate in effect, by City ordinance on May
27, 1988.
That Agreement, in part, also states that the Developer will not be charged Collection Element, defined
as: "that portion of the Connection Charge, as defined in Section 7.58.070 of the YMC and designated
'Base Collection Pipes Charge' ... [consisting of the] equitable share (historic) and actual cost (future)" for
any current or future development where it constructs the wastewater collection system at its own
expense.
As of the date of this Development Agreement the base rate for properties subject to the Sewer
Construction and Bond Purchase Agreement is $813.93, not including tax. This base rate will continue
through this Development Agreement, pursuant to the Sewer Construction and Bond Purchase
Agreement, and if the Developer is the connecting party and has built its own collection pipe.
All charges not specifically waived in the Sewer Construction and Bond Purchase Agreement shall be
paid by the developer and/or landowner, such as taxes and fees.
f) Water Connections and Other Development Costs. Developer is responsible for all
costs of development and the costs of the requirements outlined in the development permit decision
approved by the City Council, other than as specifically stated herein.
g) Permitted Uses and Development Standards, The permitted uses, density and intensity
of use, the maximum height and size of proposed buildings, and the construction, installation and
extension of public improvements shall be those set forth in this Agreement; the permits, agreements and
approvals identified herein; and all exhibits incorporated herein.
6. Term. This Agreement shall continue in force for a period of thirty-five (35) years unless
extended or terminated as provided herein or when the property has been fully developed in accord with
the preliminary plat, whichever first occurs. Termination of this Agreement shall not affect any of
Developer's obligations herein which expressly or by implication are to continue after the termination of
this Agreement; notwithstanding the generality of the foregoing, the parties expressly agree and covenant
that the streets within Apple Tree Phase 4 shall be required to be private and shall not be accepted by the
City of Yakima as public streets unless, prior to any public dedication of the private streets in the
development, the streets are reconstructed to meet the City street standards at the expense of either the
Developer, a homeowners' association, or the property owners, as the case may be.
7. Vesting. The subdivision shall be vested to development regulations, standards, conditions,
and laws applicable at the time this Development Agreement is recorded, inclusive of specific conditions
and standards set forth in said Development Agreement. The vesting period shall be for the Term of the
Agreement, unless sooner terminated in accordance with the terms herein. During the stated vesting
period the applicant shall be entitled to implement the Subdivision in accordance with the terms and
conditions of approval set forth herein. The City and Developer agree that the development rights,
obligations, terms and conditions specified in this Agreement are fully vested in the Developer and may
not be changed or modified by the City, except as may be expressly permitted by, and in accordance with,
the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented
thereto by the Developer.
8. City's Reservation of Rights. The parties intend this Agreement to be interpreted to the full
extent authorized by law as an exercise of the City's authority to enter into development agreements
pursuant to RCW 36. 70B. 170. Provided, however, that this Agreement shall be construed to exclude
from the scope of this Agreement and to reserve to the City the authority which is prohibited by law from
being subject to the mutual agreement with consideration of parties acting under Ch. 36.70B RCW.
Without limitation, this shall include the right of the City to impose new or different conditions on the
property to the extent required by a serious threat to public health and safety or as required by law.
9. DefaultlNotices. No party shall be in default under this Agreement unless it has failed to
perform as required for a period of thirty (30) days after written notice of default to the other party. Each
notice of default shall specify the nature of the alleged default and the manner in which the default may
be cured satisfactorily. The party not in default under this Agreement shall have all rights and remedies
provided by law or equity, including without limitation, damages, specific performance or writs to compel
performance or require action consistent with this Agreement.
10. Assignment of Interests, Rights and Obligations. This Agreement shall be binding and
inure to the benefit of the parties. No party may assign its rights under this Agreement without the written
consent of the other party, which consent shall not be unreasonably withheld. This Agreement shall be
binding upon and shall inure to the benefit of the heirs, successors, and assigns of Developer and the
City.
11. Appeals. In the event that any of the permits or approvals associated with the proposed
development, including but not limited to SEPA determinations, preliminary plat, or planned development
approval, are or may be appealed, then in that event, the City's obligations under this Agreement, and
under the above -referenced development entitlements, shall be suspended, and may be terminated upon
either order of court of competent jurisdiction ormutual agreement of the parties. Developer agrees not
to appeal any of the previously required permits or approvals associated with the proposed development,
including but not limited to 8EPAdotomninsdiona. preliminary p|at, or planned development approval.
In the event any legal action or special proceeding is
commenced against the City by any person or entity other than a party to this Agreement to challenge this
Agreement orany provision honoin, including any of the permibo, approvo|o, or entitlements associated
with this Agreement, the City may elect to bonder the defense of such lawsuit or individual claims in the
lawsuit to Developer, and Developer shall have the sole responsibility for defense of the third -party legal
challenge. The tender and acceptance thereof shall ma|abo solely to defense of the claims but shall not
include assumption of any municipal |iebi|ity, obligation or legal responsibility arising from or na|mtmd to
challenged municipal acts oromissions. The Developer shall not settle any such tendered lawsuit without
the consent ofthe City, which consent shall not beunreasonably withheld.
13. Developer represents and warrants to City
that Developer has aproperty interest inthe property, and that the covenants and obligations ofDeveloper
in this Agreement and in the permits, approvals, and entitlements associated with this Agreement and the
proposed development do not violate or constitute a default under or breach of any agreement between
Developer and any third party bywhich Developer isbound. Developer represents and warrants hoCity
that Developer is fully authorized to enter into and perform its obligations under this Agreement.
Developer pepnoomnto and warrants to City that there is neither pending nor, to the knowledge of
Oevm|oper, any threatened |mgo| action, arbitration or administrative hearing before any governmental
authority to which Developer is o party and which could enjoin or restrict Oaxe|opm/s right or ability to
perform its obligations under this Agreement.
14. Approved Master Planned Development Overlay. Modifications bzthe
adopted master development plan and/ or Development Agreement may be required from time to time.
Minor modifications will be subject to Type (2) review as defined in YK8C Chapter 15.13 The
administrative official shall review modifications to adopted master development plan and/or Development
Agreement aoominor modification ifithas been determined that:
a) The amendment does not increase the onema identified for any particular land use or
increase the residential density approved in the master plan;
b) The amendment does not increase the total area cfnonresidential uses bymore than
o) The amendment does not materially change the type and character of approved uses;
d) The amendment does not materially change provisions for parking or traffic circulation
within the development;
m) The amendment does not materially change bufhsra, setbacks, buffers, |andocaping,
shoreline, critical areas, or other mitigation measures;
f) The amendment does not materially impact the overall design of the approved master
plan; and
g) Other similar changes of minor nature proposed to be made to the nonfiguroUon,
design, layout or topography of the master planned development which are deemed not to be material or
significant in nn|sdion to the entire master planned development and are determined not to have any
significant adverse effect on adjacent or nearby lands or the public health, safety or welfare.
Moor modifications will be subject to Type (3) review as defined in YMC Chapter 15.15 and shall be
nnndificaUontoanapprovoddevo|opnnorda0roomentbhatiodeemedbobemonasignifioantMhano''minor
modification" as described hereinabove.
15. Further DiscretionarV Action. Developer acknowledges that the existing land use
regulations for the City of Yakima contemplate the exercise of further discretionary powers by the City.
Nothing in this Agreement ohoU be construed to limit the authority or the obligation of the City to hold
legally required hmehngo, orbolimit the discretion of the City and any ofits officers orofficials incomplying
with or applying existing land use regulations as appropriate. These powers may ino|uda, but are not
limited to, review of additional permit applications under SEPA.
18. Termination. This Agreement shall expire and /orterminate aoprovided below:
a) This Agreement shall expire and be of no further force and effect if the Developer
does not construct the Project 0000ntemp|abedbythepomndeandapprove|oidentifiadinbhisAureement,
and submits applications for development of the Property that are consistent with such permits and
approvals.
b) This Agreement shall terminate upon the expiration of the term identified in Section
8 herein or when the Subject Property has been fully dovm|oped, whichever first oocuno, and all of the
Developer's obligations in connection therewith are satisfied as determined by the City. Upon termination
of this Agreement, the City shall nyoond o notice of such termination in o form satisfactory to the City
Attorney that the Agreement has been terminated.
C) Effect upon Termination on Developer Obligations. Termination of this
Agreement as to the Developer mfthe Subject Property or any portion thereof shall not affect any of the
Developer's obligations to comply with the City Comprehensive Plan and the terms and conditions or any
applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the
Subject Pnoparty, any other conditions of any other development specified in the Agreement bn continue
after the termination of this Agreement or obligations to pay assessments, liens, fees or taxes.
d) Effects upon Termination onCity. Upon any termination ufthis Agreement asto
the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development,
limitations onfees and all other terms and conditions ofthis Agreement shall nnlonger bevested hereby
with respect to the property affected by such termination (providing that vesting of such endt|ements,
conditions orfees may then beestablished for such property pursuant tothen-existing planning and zoning
17. Severabillity. If any provisionofthis Agreement are determined tobeunenforceable orinvalid
pursuant to a final decree or judgment by a court of law or tribunal with jurisdiction, then the remainder of
this Agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force
and effect.
18. Agreement to be Recorded. This Agreement may be modified only bvwritten agreement of
the parties hereto. This Agreement or a memorandum thereof shall be recorded against the Property as
a covenant with the land which touches and concerns the Property and shall be binding upon the City and
Developer, their heira, successors and neoigns, and all future owners of the Property. Developer shall be
responsible for the costs of recording. Any approved modifications to this Agreement nhe|| also be
recorded against the Property.
19. Specific Performance. The parties specifically agree that damages are not an adequate
remedy for breach of this Agreement, and that the parties one entitled to compel specific performance of
all material terms of this Agreement by any party in default hereof.
20. Governing Law and Venue. This Agreement shall beconstrued and enforced inaccordance
21. Attonmevw' Fees. In the event of any litigation or dispute resolution process between the
parties regarding an alleged breach of this Agreement, neither party shall be entitled to any award of
attorneys' fees.
23. the benefit ofthe parties hereto only
and imnot intended tobenefit any other person orentity. Noperson orentity not oparty hnthis Agreement
(other than a subsequent landowner of a lot in the Plat of Apple Tree Phase No. 4) may enforce the terms
and provisions nfthis Agreement.
23. Integration. This Agreement, including its recitals which are fully incorporated herein,
represents the entire agreement of the parties with respect to the subject matter hereof.There are no
other agreements between the parties, oral or written, except as expressly set forth herein,
24. Covenants Running with the Land. The conditions and covenants set forth in this
Agreement shall run with the land. Developer and every purchaser, assignee, or transferee of any interest
in the Property or any portion thereof, ohmU be obligated and bound by the henno and conditions of this
Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property,
or such portion thereof, mo|d, aooigned, or transferred to it. Any such punohaeer, aaoignee, or transferee
ohe|| observe and fully perform all of the duties and obligations of the Developer contained in this
Agnoannont, as such duties and obligations pertain to that portion of the Property eo|d, ooeignod, or
transferred toit.
25. Notices. Notices, demands or correspondence to the City and Developer shall be sufficiently
given if dispatched by pre -paid, first-class mail to the following addresses:
City Manager
City ofYakima
129North Second Street
Yakima, VVAS8SO2
Apple Tree
Apple Tree Construction Company, LLC
88O5Occidental Avenue
Yakima, VVAQ8Q03
Notices to subsequent owners of lots in the Apple Tree Phase No. 4 shall be required to be given by the
City only for those owners who have given the City written notice of their address for such notice. Aparty
hereto ahaU, from time to time, advise the other of new addresses for such noUmao, demands, or
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date set forth
below.
CITY 0
By:
-Alex Meye:' off
Interim City Manager
APPLE TREE CONSTRUCTION COMPANY, LLC
E.
UJ hn E. Borton
anaging Member
STATE OFVVASH|NGTON )
)oa
County of Yakima
|certify that |know or have satisfactory evidence that JOHN E. BORTON is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath stated that
he was authorized to execute the instrument and acknowledged it as the Managing Member ofAPPLE
TREE CONSTRUCTION COMPANY, LLC to be the free and voluntary act of such party for the uses and
purposes mentioned inthe instrument.
Given under '
hand and official seal this 1-1 day of j 4 " 6491rL? 2020.
vwu
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NOTARY PUBLIC
° 'COMM.
° ~EXPIRES
SEPT 20,2021
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STATE OFVVASH|NGTON
County of Yakima
Type/Print Name Der- P,. Crv&--,
Notary Public in and for the State cfWashington residing
at Vrl<I,PA*-
| certify that | know or have satisfactory evidence thatALE% W4EYERH[>FF Is the |nb*hm City
Manager of the City of Yakima and the person who appeared before me, and said person acknowledged
that she signed this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the |nhahm City Manager ofCITY OF YAK|yNA be the free and voluntary act ofsuch
party for the uses and purposes mentioned inthe instrument.
Given under my hand and official seal this
davof_ 2020.
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Not ry P-b in a d for the State of Washington residing
at
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EXHIBIT 'A'
181206-23025
PARCEL 'B' OF THAT RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE
NUMBER 8020287,
RECORDS OF YAKIMA COUNTY, WASHINGTON.
171201-14012
PARCEL 'E' OF THAT RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE
NUMBER 8020287,
RECORDS OF YAKIMA COUNTY, WASHINGTON.
171201-13013
PARCEL 'F' OF THAT RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE
NUMBER 8020287,
RECORDS OF YAKIMA COUNTY, WASHINGTON.
181206-23013
BEGINNING 390 FEET NORTH AND 30 FEET WEST OF THE SOUTHEAST CORNER OF
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 12 NORTH,
RANGE 18 EAST, W.M., THENCE NORTH 75 FEET; THENCE WEST 284 FEET; THENCE
SOUTH 75 FEET; THENCE EAST 284 FEET TO THE POINT OF BEGINNING, RECORDS OF
YAKIMA COUNTY, STATE OF WASHINGTON,
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 8.
For Meeting of: February 4, 2020
Public hearing and resolution on the proposed Development
Agreement with Apple Tree for Apple Tree Phase 4 located in the
vicinity of S 86th Ave and Occidental Rd
Joan Davenport, Al CP, Director of Community Development
Joseph Calhoun, Planning Manager (509) 575-6042
SUMMARY EXPLANATION:
Apple Tree Construction Company LLC submitted a development agreement for the proposed
plat of "Apple Tree Phase 4," consisting of 30 single-family residential lots located in the vicinity
of S. 86th Ave. and Occidental Rd. This subdivision received preliminary plat approval on June 6,
2017, by the Yakima City Council (Resolution No. R-2017-070). As a condition of approval,
the developer was required to submit and record a city -approved development agreement to
provide for the private streets within this development prior to approval of the final plat. This
Development Agreement is now ready for Council's consideration and approval.
The Public Hearing notice has been provided to all Yakima -area media, including Tu Decides,
KDNA Radio, El Sol de Yakima, Hispanavision, Bustos Media, and El Mundo.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Approve development agreement and accompanying resolution.
ATTACHMENTS:
Description Upload Date
D esolution 1/3/00
1/ 3/ 0 0
lopment Agr ment
Type
Resolution
backup Material