HomeMy WebLinkAbout12/11/2012 04D Property Use and Development Agreement with Wayne Clasen and Apple Land Investments, LLC - "W e
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. `T
For Meeting of: December 11, 2012
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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
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