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12/11/2012 04D Property Use and Development Agreement with Wayne Clasen and Apple Land Investments, LLC - "W e 7,4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. `T For Meeting of: December 11, 2012 Y 4 `:f ,. '„ ",t '..w ‘.4 <; .. 1,4 ._ v.'�"...._ ITEM TITLE: Resolution authorizing a Development Agreement with Wayne Clasen and Apple Land Investments, LLC SUBMITTED BY: Bruce Benson - (509) 575 -6042 Supervising Planner CONTACT Steve Osguthorpe, AICP - (509) 575 -3533 PERSON /TELEPHONE: Community Development Director /Planning Manager SUMMARY EXPLANATION: The Ordinance approving the 2012 Comprehensive Plan Amendment and Rezone for the Apple Land Investments LLC/ Wayne Clasen application was approved subject to the adoption of a development agreement. This agreement stipulates that the property being rezoned would be limited in the future to a senior housing type of development. You are being requested to adopt this agreement as to form so that it might be executed by the incoming property owner and then signed by the city manager. Other Development Resolution X Ordinance (specify) Agreement Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR As City Manager SUBMITTAL: STAFF RECOMMENDATION: Approve the proposed Development Agreement as to its form and authorize the City Manager to sign this agreement on behalf of the city. BOARD /COMMISSION RECOMMENDATION: On September 12, 2012, the Yakima Planning Commission recommended the approval of this Comprehensive Plan Amendment and Rezone subject to a Development Agreement limiting property use to a senior housing development. ATTACHMENTS: Click to download ❑ Resolution ❑ Development Agreement RESOLUTION NO. R -2012- A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Wayne Clasen and Apple Land Investments, LLC (hereinafter "Property Owner "), to implement a Property Use and Development Agreement (hereinafter "Agreement "). WHEREAS, the City of Yakima (hereinafter "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 - .210; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of the Yakima Urban Area Zoning Ordinance, which originally zoned the subject property (hereinafter "Property ") Single - Family Residential; and WHEREAS, the Property Owner has applied for Comprehensive Plan Amendment (hereinafter "Amendment ") to the Future Land Use Map of the City's Comprehensive Plan to High Density Residential and to concurrently rezone to R -3, Multi- family Residential approximately 19.5 acres of land, legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, located in the vicinity of Occidental and 84 Avenues, Yakima, Washington, and WHEREAS, on June 5, 2012, the City issued a Notice of Application, Environmental Review, and Public Hearing for the Amendment; and WHEREAS, on July 13, 2012 the City issued a Final Mitigated Determination of Nonsignificance for compliance with the State Environmental Policy Act; and WHEREAS, on August 8 and August 22, 2012 the City of Yakima's Planning Commission (hereinafter "Commission ") conducted an open- record public hearing regarding the requested Amendment; and WHEREAS, on September 12, 2012, the Commission issued their findings, and conclusions regarding CPA #006 -12, RZ #006 -12, and SEPA #018 -12; recommending that the requested Amendment be approved, subject to an Agreement limiting the use of the property to the development of a multi - family senior living and senior care residential facility, together with accessory and incidental uses. WHEREAS, at a closed- record public hearing held on October 2, 2012 the City Council (hereinafter "Council ") considered the requested Amendment, including the documents and other evidence, which comprise the record developed before the Commission, and the statements and comments of interested persons and voted to accept the Commission's recommendations and adopted the Ordinance (R- 2012 -35) approving the requested Amendment subject to the Agreement; and WHEREAS, the Agreement is intended to satisfy the obligations as set forth in the adopted Ordinance; and WHEREAS, the City has determined that the Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, amongst other things, implement the conditions of the Ordinance, eliminate uncertainty over development of the Property, provide for orderly development 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 Agreement, Exhibit "B ", attached hereto and incorporated herein by this reference. 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 approved Comprehensive Plan Amendment and rezone. ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 11th day of December, 2012. Micah Cawley, Mayor ATTEST: City Clerk After Recording, Return to. PROPERTY USE AND DEVELOPMENT AGREEMENT Grantors: Wayne Clasen and Apple Land Investments, LLC Grantee: The City of Yakima Abbreviated Legal Description• ; Lots 1 and 2 of SP 7947; EXC 30x30 Ft Site Triangle Complete Legal is located on page 6 of the document. Assessor's Tax Parcel I D #: 181206- 21001, - 21005, - 21007, - 21401, and -21402 THIS PROPERTY USE AND DEVELOPMENT AGREEMENT ( "Agreement ") is executed as of this day of December, 2012, in favor to the CITY OF YAKIMA, a Washington Municipal Corporation (the "City "), by WAYNE CLASEN and APPLE LAND INVESMENTS, LLC (collectively "Owner "). RECITALS A. WAYNE CLASEN and APPLE LAND INVESTMENTS, LLC are the owners of five (5) parcels of real property legally described in Exhibit A. The property is located in the City of Yakima and was zoned Single- family Residential (R -1). Exhibit B to this Agreement shows the location of the property and the area that has been rezoned. B. On or about April 30, 2012, Owner submitted.to the City an application for redesignation and rezoning of the five (5) parcels of real property. Parcel Nos. 181206- 21001, - 21005, - 21007, -21401 and - 21402. The approximate area of the redesignation /rezone was 19.5 acres. The application requested redesignation of the property from Low Density Residential to High Density Residential on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan and rezoning of the property Property Use and Development Agreement - 1 Grantor Wayne Clasen and Apple Land Investments, LLC Grantee. City of Yakima from Single - Family Residential (R -1) to Multifamily Residential (R -3). The Rezone would allow the land to be used for the development of a multi - family senior living and senior care residential facility, together with accessory and incidental uses. C. Yakima City Planning Commission ( "Planning Commission ") conducted an open record public hearing on August 8, 2012. Planning Commission deliberated on the application, and issued a recommendation to approve the land use redesignation and rezone subject to development and execution of a Property Use and Development Agreement which limited permitted uses to a senior living and care community together with all accessory, supporting and incidental uses. D. City of Yakima approved the land use redesignation and rezone on October 2, 2012, with adoption of Ordinance No. 2012 -035. This Property Use and Development Agreement is prepared in accordance with conditions set forth in Ordinance No. 2012 -035. NOW, THEREFORE, in consideration of the mutual agreements contained herein, the parties agree as follows. 1. Agreement, Pursuant to Ordinance No. 2012 -035, Owner hereby covenants, bargains and agrees, on behalf of themselves and their successors and assigns, that it comply with the following limitation and condition in consideration of the Rezone. Future development of the Property shall be for a senior living and care community. Permitted uses shall include independent living facilities, structures and buildings; assisted living facilities; senior care and convalescent facilities, adult care group homes, retirement homes; caretaker dwellings; and similar residential and care . facilities of any type or nature. Permitted uses shall also include accessory, supporting and incidental uses for the senior living and care community including community center, restaurants, salons, parking, walkways, maintenance and storage facilities and all other similar uses reasonable or necessary to serve or care for community residents. 2. Agreement Runs with the Land. This agreement shall be recorded in the real property records of Yakima County. The covenants hereof shall be deemed to attach to and run with the Property and shall be binding upon the Owner, its heirs, successors and assigns, and shall apply to after - acquired title of the Owner in the Property. 3. Termination. The covenants herein shall remain in effect until the Council changes the zoning designation for the property amends the agreement or upon the mutual consent of City and Owner. Property Use and Development Agreement - 2 Grantor Wayne Clasen and Apple Land Investments, LLC Grantee. City of Yakima 4. Amendment. This Agreement may be amended or modified by agreement between Owner and City; provided, such amendment shall be approved by the legislative authority of the City through applicable legal process. 5. Exercise of Police Power. Nothing in this agreement prevents the City Council from making such further amendments to the Yakima Municipal Code or Urban Area Zoning Ordinance as it may deem necessary in the public interest. 6. No Precedent. The conditions contained in this Agreement are based on the unique circumstances applicable to this Property and the Agreement is not intended to establish- precedent for other rezones in the surrounding area. 7. Enforcement. City or Owner may institute and prosecute any proceeding at law or in equity to enforce this agreement. 8. Repeal as Additional Remedy. Owner acknowledges that compliance with the conditions of this Agreement is a condition of the Rezone. City shall notify Owner of any violations and Owner shall have thirty (30) days to respond, correct or appeal the determination. In addition to pursuing any other remedy after notice and final determination, the City may revoke the Rezone by ordinance and require the use of the property to conform to the requirements of the Single - family Residential (R -1) zone, the original zoning of the Property prior to the Rezone. 9. Good Faith. City and Owner agree to work in good faith to further the intent of this Agreement that allows for development of an integrated senior living and care facility serving our community. The concept of senior living and care facility shall be broadly construed to allow a full range of housing and services designed to meet the needs of senior residents. Executed as of the date first written above. Owner's Name By: Owner's Signature Owner's Title (if appropriate) Property Use and Development Agreement - 3 Grantor Wayne Clasen and Apple Land Investments, LLC Grantee City of Yakima STATE OF WASHINGTON ) County of Yakima ) On this day of December, 2012, before me, personally appeared WAYNE CLASEN, individually, and to me known to be a Member of APPLE LAND INVESTMENTS, LLC, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the same instrument on behalf of the company. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: g \Icc \living care retirement comm \development agrmnt\agree yakima property use and development docx 9/27/2012 11.08 amid Property Use and Development Agreement - 4 Grantor Wayne Clasen and Apple Land Investments, LLC Grantee City of Yakima EXHIBIT A LEGAL DESCRIPTION Legal Description: IN SECTION 6; TOWNSHIP 12 NORTH, RANGE 18 EAST WM; BEGINNING AT THE SOUTHWEST CORNER GOV LOT 2, THENCE EAST 280 FT; THENCE NORTH 02° 10' WEST 105.2 FT; THENCE NORTH 28° 50' 20" WEST 145.8 FT, TO TRUE. POINT OF BEGINNING,THENCE SOUTH 28° 50' 20" EAST145.8 FT; THENCE SOUTH 17° 14' 20" EAST 105.2 FT;THENCE WEST 1614 FT, THENCE NORTH 4° 06' EAST 70 FT;THENCE NORTH 78° 55' EAST 263 FT; THENCE NORTH 6° 15' EAST 62 FT; THENCE NORTH 89° 38' EAST 1319 FT MORE OR LESS TO THE TRUE POINT OF BEGINNING IN SECTION 6; TOWNSHIP 12 NORTH; RANGE 18 EAST WM; BEGINNING NORTH 89 °56'39" WEST 12.33 FT TO THE NORTHEAST CORNER OF GOVERNMENT LOT 3; THENCE WEST 306.19 FT;THENCE SOUTH 215.3FT;THENCE EAST 305.67 FT,THENCE NORTH 22'30" EAST 316.52 FT TO THE POINT OF BEGINNING EXCEPT NORTH COUNTY ROAD R/W. IN SECTION 6; TOWNSHIP 12 NORTH; RANGE 18 EAST WM, BEGINNING 180.5 FT NORTH OF THE SOUTHEAST CORNER OF GOVERNMENT LOT 3; THENCE NORTH 89° 30' WEST 1065.9 FT; THENCE NORTH 6° 15' EAST 519 6 FT; THENCE EAST 786.4 FT, THENCE SOUTH 215.3 FT THENCE EAST 305.6 FT; THENCE SOUTH 00° 22' 30" WEST 101.22 FT THENCE SOUTH 87° 02'10" EAST 148 78 FT; THENCE SOUTH 01° 02' WEST 43.75 FT, THENCE SOUTH 53° 33' EAST 42.92 FT THENCE SOUTH 28° 50' 20" EAST 145.8 FT; THENCE WEST TO BEGINNING LOT 1 OF SHORT PLAT 7947. EXCEPT NORTHWEST 30X30 FT SITE TRIANGLE LOT 2 OF SHORT PLAT 7947 Situate in Yakima County, State of Washington Yakima County Assessor's Tax Parcel Nos. 181206- 21001, 181206- 21005, 181206- 21007, 181206 -21401 and 181206 - 21402. Property Use and Development Agreement - 5 Grantor Wayne Clasen, and Apple Land Investments, LLC Grantee City of Yakima *ATTACH EXHIBIT MAP* Property Use and Development Agreement - 6 Grantor Wayne Clasen and Apple Land Investments, LLC Grantee City of Yakima Zoning Map for CPA #006 -12, RZ#006 -12, SEP0018 -12 http:i'gis.ci.� ma. wa.usiyaki magi s /printMap.html ?zoning =true • B -2 Scale - Sf( City of Yakima, Washington Subject Area Site File CPA #006 -12, R7,#006 -12, SEPA #018 -12 Number: Bill Hordan Planning Services - Zoning Boundary Applicant: Owner: Apple Land Investments /Wayne Clasen Request: Change the Future Land Use map designation for five parcels from Low Density Residential to High Density Residential and rezone from (R -1) to (R -3) to develop a retirement community campus. Location: 8400 block of Occidental Road Parcel 18120621001,18120621005, 18120621007 ,18120621401,18120621402 Number(s): D INDEX # E -3 1 of 2 5/7/2012 4:31 PM