HomeMy WebLinkAboutR-2021-170 Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the master planned development and development agreement originally submitted by Greg and Adele Bainter for the Plat of Upper Valley EstatesA RESOLUTION
RESOLUTION NO. R-2021-170
approving the Master Planned Development (PD#002-21) and authorizing
and directing the City Manager to execute a Development Agreement with
A DLT INVESTMENT GROUP LLC (herein after "Developer") to provide for
the terms and conditions of development of a preliminary short plat and
planned development to be located at 502 S. 90th Ave., in the City of
Yakima.
WHEREAS, on April 19, 2021, PLSA Engineering and Surveying, on behalf of Greg and
Adele Bainter, submitted an application for a twenty (20) lot preliminary short subdivision and
planned development located at 502 S. 90th Ave. (the "Project") for 20 residential duplex lots;
and
WHEREAS, Developer has obtained development rights for one parcel of approximately
5.2 acres at 502 S. 90th Ave., Yakima, Washington (the "Property") is legally described in the
Development Agreement as Exhibit "A", attached hereto as Exhibit "A" and fully incorporated
herein by this reference; and
WHEREAS, the City of Yakima (herein 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 through
36.70B.210, and YMC § 15.28.050; and
WHEREAS, on June 16, 2021, the City issued a Notice of Application and
Environmental Review for the Project; and
WHEREAS, Developer has proposed separate legal parcels by a subdivision of the
property, as defined in YMC § 14.10.020 and described in YMC Chapter 14.15; and
WHEREAS, the specific proposed use of the property identified by Developer is that of a
multifamily planned subdivision; and
WHEREAS, Developer intends to take appropriate steps to comply with environmental
and land use requirements related to development of the property; and
WHEREAS, the City of Yakima Planning Division conducted environmental review of the
Project under the State Environmental Policy Act ("SEPA") and issued a Mitigated
Determination of Nonsignificance (MDNS) on the Project on July 30, 2021, and
WHEREAS, on September 9, 2021, the Hearing Examiner held an open record public
hearing in consideration of the Project; and
WHEREAS, on October 7, 2021, the Hearing Examiner issued his land use
recommendation proposing that the Project be approved subject to conditions, attached hereto
as Exhibit "B" and incorporated herein by this reference; and
WHEREAS, on December 14, 2021, 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 Hearing Examiner; 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
impact, 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:
Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into
this resolution.
Section 2. Incorporation of the Hearing Examiner's Recommendation and
Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted and
ratified by the Yakima City Council as its decision and approval of the Application herein. A copy
of the Recommendation is attached hereto as Exhibit "B" and fully incorporated herein by this
reference.
Section 3. Findings. The Yakima City Council adopts the findings of the Hearing
Examiner as its own findings herein, and further finds that the requirements of RCW §
58.17.110 have been met.
Section 4. Development Agreement. 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.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this resolution is declared invalid or unconstitutional for any reason, such decision
shall not affect the validity of the remaining portions of this resolution.
ADOPTED BY THE CITY COUNCIL this 14th day of December, 2021.
ATTEST: ,,,��� /Patricia Byer , Mayor
LKi
Sonya C aar Tee, City Clerk
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON AND
A DLT INVESTMENT GROUP, LLC
THIS DEVELOPMENT AGREEMENT ("agreement") is entered into between the City of
Yakima, a Washington municipal corporation ("City"), and A DLT Investment Group, LLC, a
Washington Limited Liability Company ("Developer").
WHEREAS, the 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.210,
YMC 15.28.050 and YMC 14.10.010; and
WHEREAS, Developer has obtained development rights for a 5.16 acre parcel at the
southwest corner of S. 90th Avenue and Tieton Drive, Yakima, Washington (the "property"). The
property legal description is in Exhibit 'A' and incorporated herein, and
WHEREAS, Developer intends to take certain steps to comply with environmental and
land use requirements related to development of the property; and
WHEREAS, Developer is proposing a 20 lot subdivision and creation of a planned
development with certain amenities for the property; and
WHEREAS, Developer intends to take certain steps to comply with environmental and
land use requirements related to development of the property; 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 Yakima Urban Area Zoning Ordinances, which zoned the property B-2
Local Business; and
WHEREAS, the parties intend this agreement to guide the current and future uses of the
property; now, therefore,
IN CONSIDERATION OF mutual benefits, the parties agree as follows:
1. The proposed development. Developer's proposal for the property is hereby acknowledged
and warranted to be for the purpose of constructing a residential subdivision and planned
development. Developer specifically acknowledges and warrants that the proposal for the property
is construction of not more than 20 two-family residential structures (duplexes) on separate lots
together with accompanying amenities. The Developer's preliminary plat/planned development
application have been filed with the City. It was reviewed and recommended for approval by the
Hearing Examiner to the Yakima City Council in the form of a Hearing Examiner's
Recommendation dated on October 7, 2021, and incorporated herein as if set forth in full. The
said subdivision and planned development are referred to herein as the "proposed development".
2. Conditions of approval. Developer agrees to abide by the terms and conditions of approval
recommended by the Hearing Examiner, including construction of all infrastructure described on
the preliminary plat/planned development site plan map and incorporated herein by this reference
as if set forth in full, including as the same may be revised to conform with conditions of approval
set forth in the Hearing Examiner's Recommendation. Developer agrees that the use of the
property pursuant to this agreement shall be consistent with the project description identified in
the Washington State Environmental Policy Act Mitigated Determination of Nonsignificance
issued by the City of Yakima on July 30, 2021 and incorporated herein by this reference as if set
forth in full (the "DNS"). Developer agrees to abide by the mitigation and other requirements
identified as a part of the MDNS. Developer agrees to abide by the conditions of such further or
additional land use permits or approvals as may be identified in the MDNS, or as may otherwise
be required by applicable federal, state and local law including, but not limited to, the City's Title
12 and all other applicable development standards, all as the same currently exist or may be
hereafter amended; provided, however, that the procedures and substantive rules of the City's
Master Planned Development ordinances, as codified at Ch. 15.28, Yakima Municipal Code as it
existed as of the date of this agreement and incorporated herein by this reference, shall guide and
control all matters related to said ordinances and to the planned development aspect of the
proposed development until this agreement terminates as provided elsewhere herein. Developer
agrees to make future applications or submissions as may be necessary to fully implement any
phased review of the proposed development and any specific project proposed therein.
3. Summary of proposed modifications to development standards. Reduction of the following
Title 12 private road standards (YMC 12.06.090) and Title 12 and Title 15 sidewalk standards
(YMC 12.05.010) and (YMC 15.05.020(J)):
a. Access easement width from 50 feet to 40 feet,
b. Pavement width from 30 feet to 25 feet,
c. No sidewalks,
d. No turnaround provided that gates are provided at the far (west) end of the private streets
that allow for emergency vehicle access to them,
e. No frontage improvements on South 92nd Avenue.
4. Developer's Compliance. Developer agrees to abide by all such conditions identified as a part
of the Developer's Homeowner's Association and Declaration of Covenants, Conditions, and
Restrictions for the proposed development and incorporated herein by this reference as if set forth
in full.
5. 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, Type 2 Review,
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 in whole or in part to the extent that the City reasonably believes
necessary to maintain consistency between this agreement (and/or the above -referenced
development entitlements) and the conclusion of any appellate proceedings associated with the
proposed development. Developer agrees not to appeal any of the previously required permits or
approvals associated with the proposed development, including but not limited to SEPA
determinations, preliminary plat, Type 2 Review or planned development approval.
6. Default/Notice. No party shall be in default under this agreement unless it has failed to perform
as required for a period of 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.
7. No third party beneficiary. This agreement is made and entered into for the sole protection
and benefit of the parties hereto and their successors and assigns. No other person shall have any
right of action based upon any provision in this agreement.
8. Third party legal challenge. In the event any legal action or special proceeding is commenced
against the City by any person or entity other than by a party to this agreement to challenge this
agreement or any provision herein, including any of the permits, approvals or entitlements
associated with this agreement, the City may elect to tender the defense of such lawsuit or
individual claims in the lawsuit to Developer. In such event, Developer shall hold the City
harmless from and defend the City from all costs and expenses incurred in the defense of such
lawsuit or individual claims in the lawsuit, including but not limited to reasonable attorneys fees
and expenses of litigation and damages awarded to the prevailing party or parties in such litigation.
The Developer shall not settle any such tendered lawsuit without the consent of the City, which
consent shall not be unreasonably withheld.
9. Term. This agreement shall continue in force for a period of thirty (30) years unless extended
or terminated as provided herein or when the property has been fully developed, whichever first
occurs, and all the Developer's obligations in connection herewith have been satisfied in the sole
reasonable discretion of the City. Provided, however, that termination of this agreement shall not
affect any of Developer's obligations to comply with the Yakima Urban Area Comprehensive
Plan, any applicable zoning, subdivision, or other municipal codes, or any land use entitlements
approved with respect to the property or proposed development. 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 the proposed development shall be
required to be private and shall never be accepted by the City of Yakima as public streets.
10. City's reservation of rights. The parties intend this agreement is interpreted to the full extent
authorized by law and 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 its scope and reserve to the City the authority which is prohibited by law from
implementation by 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 stormwater development standards and any serious threat to
public health and safety. Developer acknowledges that any phased approach to developing the
proposed development contemplates and requires the exercise of further discretionary powers by
the City. These powers include, but are not limited to, review of additional permit applications
under SEPA and other applicable law. Nothing in this agreement shall be construed to limit the
authority or the obligation of the City or any of its officials or officers in complying with or
applying applicable law during review of specific project proposals or other subsequent phases of
the proposed development.
11. Developer's warranties and representations. Developer represents and warrants to the City
that Developer has a property interest in the property, and that the covenants and obligations of
Developer 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 by which Developer is bound. Developer
represents and warrants to City that Developer is fully authorized to enter into and perform its
obligations under this agreement. Developer represents and warrants to City that there is neither
pending nor, to the knowledge of Developer, any threatened legal action, arbitration or
administrative hearing before any governmental authority to which Developer is a party and which
could enjoin or restrict Developer's right or ability to perform its obligations under this agreement.
12. Modification of an approved master planned development overlay. Modifications to the
adopted master development plan and/or development agreement may be requested from time to
time.
Future Class 1 projects or actions in compliance with the adopted master development plan and
development agreement will undergo Type 1 Review as defined in YMC Chapter 15.13.
Minor modifications will undergo Type 2 Review as defined in YMC Chapter 15.14. The
administrative official shall review modifications to adopted master development plan and/or
development agreement as a minor modification if it has been determined that:
1. The amendment does not increase the areas identified for any particular land use or increase
the residential density approved in the master plan;
2. The amendment does not increase the total area of nonresidential uses by more than five
percent;
3. The amendment does not materially change the type and character of approved uses;
4. The amendment does not materially change parking or traffic circulation within the
development;
5. The amendment does not materially change setbacks, buffers, landscaping, shoreline,
critical areas, or other mitigation measures
6. The amendment does not materially impact the overall design of the approved master plan;
and
7. Other similar changes of a minor nature proposed to be made to the configuration, design,
layout or topography of the master planned development which are deemed not to be
material or significant in relation 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.
Major modifications will undergo Type 3 Review as defined in YMC Chapter 15.15 and shall be
referred to the hearing examiner in accordance with YMC 15.15.040. A "major modification" shall
be any modification to an approved master development plan or development agreement that is
deemed to be more significant than a "minor modification" as described hereinabove.
Type 2 and 3 review shall be conducted consistent with the provisions of YMC
Chapters 15.14 and 15.15, respectively. For any changes falling outside the scope of such review,
the procedures set forth in this chapter for original master development plan and development plan
approval shall be followed.
13. Vesting. The master planned development review shall be vested to development regulations,
standards, conditions, and laws applicable at the time the development agreement is recorded,
inclusive of specific conditions and standards set forth in said Development Agreement to the
extent it complies with applicable Washington law. The vesting period shall be for the "Term" as
stated in the development agreement and shall be agreed upon by the parties to the Development
Agreement after giving consideration to the extent and complexity of the proposed development
as well as specific development planning considerations raised by the Developer.
14. Severability. If any provisions of this agreement are determined to be unenforceable or invalid
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.
15. Agreement to be recorded. This agreement may be modified only by written 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 heirs, successors and assigns, and all future owners of the property.
Developer shall be responsible for the costs of recording.
16. Agreement approval. This agreement may only become effective upon execution by the City
of Yakima following adoption of a resolution approving the same following a public hearing in
compliance with Chapter 36.70B RCW.
17. Entire agreement. This agreement constitutes the entire agreement of the parties and
incorporates all prior discussions and agreements.
IN WITNESS WHEREOF, this Agreement has been entered into between the City and
Developer and is effective as of the eD day of , 2022.
A DLT INVESTMENT GROUP, LLC,
a Washington In"fled liability company
CITY OF YAKIMA, a Political Subdivision of
the State ashington ,^
By:
ROVED AS TO FORM:
City Manager
By: S-041--- INS City Attorney
By:
CITY CONTRACT NO:.
RESOLUTION NO:
By:
Its:
[ACKNOWLEDGMENTS ON FOLLOWING PAGES]
STATE OF WASHINGTON
) ss.
County of Yakima
On this t7 •-ttay of A, ti r
2022, before me, the undersigned, a Notary Public
in and for the State of Washington, duly co ssioned and sworn, personally appeared Jaime De La Torre,
to me known to be a Member of A DLT INVESTMENT GROUP, 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 limited liability 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 limited liability company.
Witness my hand and official seal hereto affixed the day and year first above written.
iott
OP. V
NOTARY PUBLIC iri and o the State of
* NOTARY *
Washington, residing at
My commission Expires: 1
PLIBL1O
rc
STATE OF WASHINGTON
) ss.
County of Yakima
zz
On this day of ]-04-‘.0 0 Y'A , 2022, I certify that I know or have satisfactory
evidence that kobey-i 1L'ki r , QITY MANAGER of the CITY OF YAKIMA, is the person
who appeared before me, and said person acknowledged that they are authorized to sign this instrument on
behalf of the City of Yakima, and acknowledged it to be their free and voluntary act for the uses and
purposes mentioned in the instrument.
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 ‘.-t
My commission Expires: 021d719. 0.79 ,4
Exhibit "A"
Legal Description
Lot 1 of that certain Short Plat recorded in Book 92 of Short Plats, Page 14 Records of Yakima
County, Washington;
Together with that portion of Lot 2 of said Short Plat lying North of a line described as follows:
Beginning at the Northwest corner of said Lot 2;
Thence South 0°00'13" West, along the West line thereof, 432.91 feet to the Southwest corner of
said Lot 2 and the True Point of Beginning of the herein described line;
Thence North 89°29'50" East 359.16 feet to the East line of said Lot 2 and the terminus of the
herein described line;
Except right-of-way conveyed to Yakima County under Auditor's File No. 7282942, Records of
Yakima County, Washington.
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 7.
For Meeting of: December 14, 2021
Closed record public hearing and Resolution to consider the
Hearing Examiner's recommendation regarding the master planned
development and development agreement originally submitted by
Greg and Adele Bainter for the Plat of Upper Valley Estates,
located at 502 S 90th Avenue
Joan Davenport, Al CP, Community Development Director
Joseph Calhoun, Planning Manager
Trevor Martin, Al CP, Senior Planner (509)575-6162
SUMMARY EXPLANATION:
This is a master planned development originally submitted by Greg and Adele Bainter, known as
the "Plat of Upper Valley Estates", consisting of subdividing one parcel of 5.2 acres into 20
residential duplex lots with internal access by private streets. This site is located in the Local
Business (B-2) zoning district. The present owner and developer is A DLT Investment Group
LLC, represented by PLSA Engineering & Surveying.
The Hearing Examiner held an open -record public hearing on September 9, 2021 and submitted
a recommendation for approval on October 7, 2021.
Please refer to the complete hearing record which was distributed to City Council in the agenda
packet on December 7, 2021 and can be found online
at: https://www.yakimawa.gov/council/agendas-and-minutes/
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
2
Description Upload Date Type
D Resolution_UpperValleyEstates 12/6/2021 Cotter Memo
Exhibit A - Draft Upper Valley Estates Development 12!2/2021 Exhibit
Agreement
D Exhibit B - Hearing Examiners Recommendation 12/2/2021 Exhibit