HomeMy WebLinkAboutR-2015-102 Scenic Estates Development AgreementA RESOLUTION
RESOLUTION NO. R-2015-102
authorizing and directing the City Manager to execute a Development
Agreement with Scenic Estates Development, LLC (here after
"Developer") to provide for the terms and conditions of development
of a preliminary plat and planned development to be located in the
vicinity of Scenic Drive and North 80th Avenue, in the City of Yakima.
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, YMC Ch. 15 28 050 and YMC 14.10.090; 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 Single Family Residential; and
WHEREAS, Developer has obtained development rights for a single parcel of
approximately 13 acres in the vicinity of West Washington Avenue and 72nd Avenue,
Yakima, Washington (the "property") Is legally described in Exhibit A, attached hereto and
incorporated herein by this reference and set forth in full in the attached development
agreement; and
WHEREAS, on January 6, 2010, the JBS Properties Inc. submitted an application
for a thirteen (13) lot preliminary subdivision and planned development located on the
Southeast corner of Scenic Drive and 80th Avenue, (the "Project"), and
WHEREAS, on February 12, 2010, the City issued a Notice of Application and
Environmental Review for the Project; and
WHEREAS, Developer has created separate legal parcels by a subdivision of the
property, as defined in YMC 14.10.020 and described in YMC Chapter 14.20; and
WHEREAS, the specific proposed use of the property identified by Developer is
that of a single family residential master 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 Planning Division conducted environmental review of the
Project under the State Environmental Policy Act ("SEPA") and issued a Final Mitigated
Determination of Nonsignificance ("MDNS") on the Project on March 26, 2010, and
WHEREAS, on April 22, 2010, the Hearing Examiner held an open record hearing
in consideration of the Project; and
WHEREAS, on May 6, 2010, the Hearing Examiner issued his land use
recommendation proposing that the Project be approved subject to conditions; and
WHEREAS, on June 01, 2010, 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 directed
the City Legal Department to prepare appropriate legislation to approve the preliminary
plat and planned development subject to the obligation of the Developer to enter into a
development agreement with the City to implement the conditions set forth in the Final
Decisions, and
WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the
Final Decisions for the execution of a development agreement between the Developer
and the City to implement the conditions set forth in the Final Decisions, 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 21st day of July, 2015
ATTEST:
City Clerk
Micah `Cawl7y, Mayor
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON, AND
SCENIC ESTATES DEVELOPMENT LLC
THIS DEVELOPMENT AGREEMENT ("agreement") is entered into between the City of Yakima, a
Washington municipal corporation ("City"), and Scenic Estates Development 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. 170-36.706.210, YMC
14.10.040(B) and YMC 14.10.090; and
WHEREAS, Developer has obtained development rights for a single parcel of approximately 13
acres at the southeast corner of the intersection of Scenic Drive and North 80th Avenue,
Yakima, Washington (the "property"). The property is legally described as follows:
PARCEL A
Lot 1 of Short Plat recorded under Auditor's File Number 7318823,
records of Yakima County, Washington; AND
Lots 39 and 40, PLAT OF YAKIMA ORCHARD HIGHLAND COMPANY'S
ORCHARD TRACTS, as recorded in Volume "B" of Plats, Page 31,
records of Yakima County, Washington;
EXCEPT the North 223 feet of the West 800 feet thereof;
AND EXCEPT the West 10 feet of said Lot 40 for road;
AND EXCEPT the following described tract:
The North 248 feet of Lots 39 and 40, PLAT OF YAKIMA ORCHARD
HIGHLAND COMPANY'S ORCHARD TRACTS, as recorded in Volume "B"
of Plats, Page 31, records of Yakima County, Washington;
EXCEPT the West 800 feet thereof.
ASSESSOR'S PARCEL NO. 181317-33433
PARCEL B
The South 10 feet of the North 248 feet of Lots 39 and 40 of YAKIMA
ORCHARD HIGHLAND COMPANY'S ORCHARD TRACTS, as recorded in
Volume "S" of Plats, Page 31, records of Yakima County, Washington;
EXCEPT the West 800 feet thereof.
ASSESSOR'S PARCEL NO. 181317-33441
Development Agreement - 1
and incorporated herein; and
WHEREAS, Developer is proposing a 16 lot subdivision and creation of a planned development
with certain amenities for the property, with a First Phase consisting of the designation of
thirteen (13) Tots with each developed for one single-family residence and reserving the
thirteenth lot for future development in the Second Phase. The Second Phase will be the
creation, by a Class (2) short plat subdivision, of up to three additional lots (out of the
thirteenth lot in the First Phase) to be each developed for single-family residence, for a
combined First and Second Phase development consisting of not more than sixteen (16) lots;
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
Suburban Residential; 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 16 single-family detached homes on separate lots
together with accompanying amenities. The Developer's preliminary plat/planned development
application has been filed with the City. It has been reviewed and recommended for approval
by the Yakima Urban Area Hearing Examiner to the Yakima City Council in the form of a Hearing
Examiner's Recommendation dated May 6, 2010, and incorporated herein by this reference as
if set forth in full. The said subdivision and planned development is 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 March 26„ 2010, and incorporated herein by
Development Agreement - 2
this reference as if set forth in full (the "MDNS"). 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 other regulatory 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. Developer agrees to abide by all such conditions as identified as a part of the
Developer' s Home Owner' s Association and Common Area Maintenance Plan and the
Declaration of Covenants, Conditions and Restrictions for the proposed development and
incorporated herein by this reference as if set forth in full.
3. 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 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, or planned development approval.
4. 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.
5. 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 of this agreement.
6. 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 a party to this agreement to challenge this
agreement or any provision herein, including any of the permits, approvals, or entitlements
Development Agreement - 3
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.
7. 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,
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.
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 36.7013.170. 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.
9. Developer's warranties and representations. Developer represents and warrants to 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.
10. Modification of an approved master planned development overlay. Modifications to the
adopted master development plan and/ or development agreement may be requested from
Development Agreement - 4
time to time. Minor modifications will undergo Type (2) review as defined in YMC Chapter
15.28. 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 above thirteen (13)
single-family detached homes on separate Tots together with accompanying
amenities in the First Phase, and up to three additional Tots in the Second Phase
pursuant to Class (2) short subdivision procedures of Title 14 YMC for a combined
First and Second Phase maximum of sixteen (16) single-family detached homes on
separate lots together with accompanying amenities;
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 15.25 and shall be
referred to the hearing examiner in accordance with YMC 15.28.080. 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.
11. Vesting: The master planned development review shall he 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. 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. During the stated vesting period
the applicant shall be entitled to implement the master planned development in accordance
with the terms and conditions of approval described in the Development Agreement. Vesting of
rights also include reservation of traffic capacity on public streets and roadways and capacity in
public facilities such as sewer and water for a period of five (5) years.
Development Agreement - 5
12. 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.
13. 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.
14. 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 Ch. 36.70B RCW.
15. Entire agreement. This agreement constitutes the entire agreement of the parties and
incorporates all prior discussions and agreements.
Development Agreement - 6
AGREEMENT DATED this 2 Sday of
CITY OF YAKIMA
13\C -:i(
Tony O'R. urke
City Man •: ger
TiA.`y , 2015.
ATTEST:
Scenic Estates Development LLC, a
Washington Limited Liability Corporation
By:
By:
o' a Claar Tee
City Clerk
STATE OF WASHINGTON )
) ss.
County of Yakima
obhn Gehlsen
Member
111/1.
Ronald Doyfe
Member
I certify that I know or have satisfactory evidence that Tony 0' Rourke, personally appeared
before me, signed this instrument, on oath stated that he was authorized to execute the
instrument and acknowledged it as the City Manager of the City of Yakima, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED: :NIL( Z I 2015.
KAARRE ALLYN
Notary Public
State of Washington
My Commission Expires
riI 11.2016
Development Agreement - 7
Notar Public
Residing at 1041AA
Commission a ares: t/ - / / • Q.O /6
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of: July 21, 2015
Public hearing and resolution on the proposed Development
Agreement of Scenic Estates located in the vicinity of Scenic Dr. &
North 80th Avenue
Joan Davenport, AICP, Director of Community Development
Robbie Aaron, Assistant Planner (509) 576-6736
SUMMARY EXPLANATION:
John Gehlsen, on behalf of Scenic Estates Development, LLC, submitted a development agreement for
Scenic Estates, a 13 lot residential subdivision located in the vicinity of Scenic Drive and North 80th Ave.
This plat received preliminary plat approval on June 1, 2010 by the Yakima City Council. This
Development Agreement is now ready for Council's consideration and approval.
Resolution: X Ordnance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
Ant
City Manager
RECOMMENDATION:
Staff recommends City Council approve the development agreement for Scenic Estates and adopt the
accompanying resolution authorizing the City Manager to sign the agreement.
ATTACHMENTS:
Description Upload Date
❑ Resolution - Scenic Estates Development Agreement 7/13/2015
❑ development agreement 7/16/2015
Type
Resolution
Cover Memo