HomeMy WebLinkAboutPublic Hearing - BOCC0
"rescent Ridge Ranch Land Company, LLC
56016 Ih Avenue South, Suite 350
Seattle, WA 98108
206.441-1800
September 18, 2019
Grant County Planning Department
Attn: Damien Hooper
PO Box 37
Ephrata, WA 98823
Re: Crescent Ridge Ranch
Dear Mr. Hooper:
Crescent Ridge Ranch Land Company LLC, the Developer under the existing Development Agreement
attached hereto, hereby requests an extension of the Development Agreement to September 30..: 2031.
Thank you for your consideration and please don't hesitate to contact us should you have any questions.
SQ, rely,
Robe Hadle
y,p airman
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RESOLUTION NO. 3--o6ge'Cc,
Development Agreement By and Between Grant County and CRR
Land Co., LLC, for the Crescent Ridge Ranch Development
THIS, DEVELO MENT AGREEMENT is rade and entered into this
�t day o 2012 between Grant Count(hereinafter "Grant
v
County" or " unty")� nd CRR Land Co. LLC, or assigns, a limited
liability company organized under the laws of the State of Washington,
hereinafter the "Developer".
RECITALS
1. RCW` 36.7013. 170 authorizes the execution of a development
agreement between a local government and a person having
ownership or control of real property within its jurisdiction.
2. RCW 36.7013. 170 requires a development agreement to set forth the
development standards and other provisions that shall apply to,
govern and vest the development, use and mitigation of the
development of real property for the duration specified in the
agreement.
3. For the purposes of this Development Agreement, "development
standards" includes, but is not limited to all of the standards listed in
RCW 36.706.170 (3).
4. This Development Agreement by and between Grant County and the
Developer (hereinafter the "Development Agreemenf), relates to the
development known as the Crescent Ridge Ranch PUD 1 Plat Grant
County Planning File No. 06-4476.
Page 1 of 11
5. The following events have occurred in the processing of the
Developer's application:
5.1
• Master Plan Resort Comprehensive Plan Amendment Approved 2003
• Master Plan Resort Amendment Approved 2006, Res. 2006 -218 -CC
• Planned Unit Development Approved 2006
Preliminary Plat Approved 2006
• Record of Survey & BLA Approved & Recorded July 2008
• Final Plat Submitted for Pre -Review 2008
• Grading Plan / Earth Work and Roadway Improvements Approved 2008
• Electrical Distribution Plans I Grant County PUD Approved 10.1. 2008
• Minor PUD / Preliminary Plat / Phasing Plan Revisions Approved 2008
• Water System Plan Amendment Approved by DOH 8.31.2009
• Fire Protection Plan Approved Grant County Fire Marshal & DOH 8.31.2009
On -Site Sewage Disposal Plan Approved by Grant County Health District
2008
• PUD/Plat Extension Approved 2011
5.2 After a public hearing as required by RCW 36.70B.200 by
Resolution No.,,/3-06- CC, the Grant County Board of County
Commissioners approved this Development Agreement with the
Developer.
AGREEMENT
The parties agree as follows:
General Provisions
Section 1. The Project. The project is the development and use of
the Property, consisting of approximately 107 acres in Grant County.
The PUD / Plat describes the project as a Preliminary PUD and Plat for a
Master Planned Resort to be developed in Phases with private roads,
community water system and on-site sewage disposal. The development
is an Equestrian Themed Master Planned Resort including: recreational
residences and townhouses; rental office (and other possible tenants
and uses for the building in which the rental office will be located); horse
stables, equestrian rental and training facilities, outdoor riding area,
riding trails and large fenced pasture; two (2) swimming pool and hot tub
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areas; and, indoor / outdoor boat and RV Storage including garage
units.
Section 2. The Subject Property. The Project site is legally
described in Exhibit A attached hereto and incorporated herein by this
reference.
Section 3. Definitions, As used in this Development Agreement,
the following terms, phrases and words shall have the meanings and be
interpreted as set forth in this Section.
3.1. "Administrator' means the County's Community Development
Department Director.
3.2. "Adopting Resolution" means the Resolution which approves
this Development Agreement, as required by RCW 36.708.
20.
3-3. "Board" means the duly elected legislative body governing
Grant County.
3.4 "Certificate of occupancy" means either a certificate issued
after inspections by the County authorizing a person(s) in
possession of property to dwell or otherwise use a specified
building or dwelling unit, or the final inspection if a formal
certificate is not issued.
3.5 "Code" means the Grant County Code, as it may be amended
. from time to time.
3.6 "Design Standards" means the Grant County Design
Standards, as adopted by the County.
3.7 "Effective Date" means the effective date of the Adopting
Resolution.
3.8 "Existing Land Use Regulations" means the ordinances
adopted by the County Commissioners in effect on the
Effective Date, including the adopting ordinances that govern
the permitted uses of land, the density and intensity of use,
and the design, improvement, construction standards and
specifications applicable to the development of the Subject
Property, including, but not limited to the Comprehensive
Plan, Grant County's official Zoning map and development
standards, the Public Works Standards, SEPA, and all other
ordinances, codes, rules and regulations of the County
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establishing Subdivision standards and building standards.
Existing Land Use Regulations does not include non -land use
regulations, which includes taxes and impact fees.
3.9 "Landowner" is the party who has acquired any portion of the
Subject Property from the Developer who, unless otherwise
released as provided in this, Development Agreement, shall
be subject to the applicable provision of this Development
Agreement. The "Developer" is identified in Section 5 of this
Development Agreement.
4.0 'Project" means the anticipated development of the Subject
Property, as specified in Section 1 and as provided for in all
associated permits/approval, and all incorporated exhibits.
Section 4. Exhibits. Exhibits to this Development Agreement are as
follows:
4.1 Exhibit A — Legal Description of Subject Property
APN: 150637008
Section 5. Parties to Development Agreement. The parties to this
Development Agreement are:
5.1 The "County" is Grant County.
5.2 The "Developer" is a private enterprise which will own the
Subject Property in fee, and whose address is
CRR Land Co. LLC, 2001 Sixth Ave. Ste. 3400 Seattle WA
98121 and Ross Clemenshaw, Managing Member, 8997
Crescent Bar Rd. NW Unit 214, Quincy, WA 98848-8901.
5.3 The "Landowner." From time to time, as provided in thi's
Development Agreement, the Developer may sell or otherwise
lawfully dispose of a portion of the Subject Property to a
Landowner who, unless otherwise released, shall be subject to
the applicable provisions of this Development Agreement
related to such portion of Subject Property.
Section 6. Project is a Private Undertaking. It is agreed among
the parties that the Project is a private development and that the County
has no interest therein except as authorized in the exercise of its
government functions.
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Section 7. Term of Agreement. This Development Agreement
shall commence on the effective date of the Adopting Resolution
approving this Development Agreement, and shall continue in force for
period of seven (7) years unless extended or terminated as provided
herein. Following the expiration of the term (including any extension
thereof), or earlier termination as provided herein, this Development
Agreement shall have no force and effect, subject however, to post-
termination obligations of the Developer or Landowner.
Section 8, Vested Rights of Developer. During the term of this
Development Agreement, unless sooner terminated in accordance with
the terms hereof, in developing the Subject Property consistent with the
Project described herein, Developer is assured, and the County agrees,
that the development rights, obligations, terms and conditions specified
in this Development Agreement, are fully vested in the Developer and
may not be changed or modified by the County, except as may be
expressly permitted by, and in accordance with, the terms and conditions
of this Development Agreement, including the Exhibits hereto, or as
expressly consented thereto by the Developer.
Section 9. Permitted Uses and Development Standards. The
permitted uses, the density and intensity of use, the maximum height
and size of proposed buildings, provisions for reservation and dedication
of land or payment of fees in lieu of dedication for public purposes, the
construction, installation and extension of public improvements,
development guidelines and standards for development of the Subject
Property shall be those set forth in this Development Agreement, the
permits and approvals identified herein, and all exhibits incorporated
herein (including but not limited to those identified in Section 5.1), all as
may be amended by application of Developer and approval by the
County.
Section 10. Modifications. Modifications from the approved permits or
the exhibits attached hereto may. be made by Developer and/or
approved by the County in accordance with the provisions of the Code,
and shall not require an amendment to this Development Agreement.
Section 11. Further Discretionary Actions. Developer acknowledges
that the Existing Land Use Regulations contemplate the exercise of
further discretionary powers by the County, which powers are to be
exercised reasonably and without undue delay or conditions.
Section 12. Existing Land Use Fees. Land use fees adopted by the
County by ordinance as of the Effective Date of this Development
Agreement may be increased by the County from time to time, and the
same may be applicable to permits and approvals for the Subject
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Property, provided such fees must be otherwise lawful, must be equally
applicable and must be applied equally to similar applications and
projects within the County.
Section 13, Extension of Preliminary PUD / Plat Approval. The
parties acknowledge that the most.efficient and economic development
of the Subject Property depends upon 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
purchaser of the Subject Property to have the rate of development
determined by the Developer. The parties agree that the Preliminary
PUD / Plat approvals for the development will be extended for an
additional seven (7) years from the Effective Date and may be extended
upon request by the Developer and mutual agreement of the parties for
an additional period of time as may be requested by the Developer and
approved by the County provided that any such amendment or extension
shall follow the process established by law for the adoption of a
development agreement (see RCW 36.70B.200).
Section 14. Default.
14.1 Subject to extensions of time by mutual consent in writing,
failure or delay by either party or Landowner not released from
this Development Agreement to perform any material term or
provision of this Development Agreement shall constitute a
default. In the event of alleged default or breach of any terms
or conditions of this Development Agreement, the party
alleging such default or breach shall give the other party or
Landowner not less than thirty (30) days' notice in writing,
specifying the nature of the alleged default and manner in
peci
which said default may be cured. During this thirty (30) day
period, the party or Landowner charged shall not be
considered in default for purposes of termination or institution
of -legal proceedings.
14.2 After notice and expiration of the thirty (30) day period, if such
default has not been cured or is not being diligently cured in
the manner set forth in the notice, the other party to this
Development Agreement or Landowner may, at its option,
institute legal proceedings pursuant to this Development
Agreement. In addition, the county shall be entitled to enforce
the Code and to obtain penalties and costs as provided in the
Code for violations of this Development Agreement and the
Code. Nothing in this Development Agreement is intended to
limit the parties' ability to seek and obtain legal remedies
except as may be otherwise provided herein.
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Section 15. Termination. This Development Agreement shall expire
and/orterminate as provided below:
15.1 This Development Agreement shall terminate upon the
expiration of the term identified in Section 13 or when the
Subject Property has been fully developed, which ever first
occurs, and all of the Developer's obligations in connection
therewith are satisfied as determined by the County. Upon
termination of this Development Agreement, the County shall
record a notice of such termination reciting that the
Development Agreement has been terminated. This
Development Agreement shall automatically terminate and be
of no further force and effect as to any dwelling unit or non-
residential building and the lot or parcel upon which such
residence or building is located, when the same has been
approved by the County for occupancy.
Section 16. Effect of Termination on Developer Obligations.
Termination of this Development Agreement as to the Developer of the
subject Property or any portion thereof shall not affect any of the
Developer's obligations to comply with the County Comprehensive Plan
and the terms and conditions of any applicable zoning codes(s) or
subdivision map or other land use entitlements approved with respect to
the Subject Property, any other conditions of any other development
specified in the Development Agreement to continue after the
termination of this Development Agreement or obligations to pay
assessments, liens, fees or taxes which would otherwise be applicable
and due without regard to the planned development of the Subject
Property.
Section 17. Effect of Termination on County. Upon termination of
this Development Agreement as to - the Developer of the Subject
Property, or any portion thereof, the entitlements, conditions of
development, limitation on fees and all other terms and conditions of this
Development Agreement shall no longer be vested hereby with respect
to the property affected by such termination (provided that vesting of
such entitlements, conditions or fees may be established for such
property pursuant to then existing planning and zoning laws).
Section 18. Assignment and Assumption. The Developer shall have
the right to sell, assign or transfer this Development Agreement with all
their rightv, title and interests therein to any person, firm or corporation at
any time during the term of this Development Agreement. Developer
shall provide the County with written notice of any intent to sell, assign,
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or transfer all or a portion of the Subject Properly, at least 30 days in
advance of such action.
Section 19. Covenants Running with the Land. The conditions and
covenants set forth in this Development Agreement and incorporated
herein by the Exhibits shall run with the land and the benefits and
burdens shall bind and inure to the benefit of the parties. The
Developer, Landowner and every purchaser, assignee or transferee of
an interest in the Subject Property, or any portion thereof, shall be
obligated and bound by the terms and conditions of this Development
Agreement, and shall be the beneficiary thereof and a party thereto, but
only with respect to the Subject Property, and only with respect to such
portion thereof sold, assigned or transferred to it. Any such purchaser,
assignee or transferee shall observe and fully perform all of the duties
and obligations of a Developer contained in this Development
Agreement, as such duties and obligations pertain to the portion of the
Subject Property sold, assigned or transferred to it.
Section 20. Amendments to Development Agreement: Effect of
Development Agreement on Future Actions. This Development
Agreement may be amended or extended by mutual consent of all of the
parties, provided that any such amendment shall follow the process
established by law for the adoption of a development agreement (see
RCW 36.706.200). However, nothing in this Development Agreement
shall prevent the County from making any amendment to its
Comprehensive Plan, Zoning code, Official Zoning Map or development
regulations affecting the Subject Property during the next 7 years, as the
County may deem necessary to the extent required by a serious threat to
the public health and safety. Nothing in this Development Agreement
shall prevent the County from making any amendments of any type to
the Comprehensive Plan, Zoning code, Official Zoning Map or
development regulations relating to the Subject Property after seven (7)
years from the anniversary date of the Effective Date of this
Development Agreement or as may be addressed in any amendments or
extensions of this Development Agreement.
Section 21. Releases. Developer, and any subsequent Landowner,
may free itself from further obligations relating to the sold, assigned, or
transferred property, provided that the buyer, assignee or transferee
expressly assumes the obligations under this Development Agreement
as provided herein.
Section 22. Notices. Notices, demands, and correspondence to the
County and Developer shall be sufficiently given if dispatched by pre-
paid first-class mail to the addresses of the parties as designated in
al
Section 5. Notice to the County shall be to the attention of the
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Administrator and the Chairman of the Board. Notices to subsequent
Landowners shall be required to be given by the County only for those
Landowners who have given the County written notice of their address
for such notice. The parties hereto may, from time to time, advise the
other of new addresses for such notices, demands or correspondence.
Section 23. Reimbursement for Development Agreement Expenses
of the County. Developer agrees to reimburse the County for actual
expenses incurred over and above fees paid by the Developer as an
applicant incurred by the County directly relating to this Development
Agreement, including recording fees, publishing fees and reasonable
staff and consultant costs not otherwise included within application fees.
This Development Agreement shall not take effect until the fees provided
for in this section, as well as any processing fees owed by to the County
for the Project are paid to the County. Upon payment of all out-of-pocket
expenses, the Developer may request written acknowledgement of all
fees. All fees sh611 be paid, at the latest, within thirty (30) days from the
County presentation of a written statement of charges to the developer,
upon payment of which Developer shall owe no further amounts to
County with respect to or relating to this Development Agreement.
Section 24. Applicable Law and Attorneys' Fees. This Development
Agreement shall be construed and enforced in accordance with the laws
of the State of Washington. If litigation is initiated to enforce the terms of
this Development Agreement, the prevailing party shall be entitled to
recover its reasonable attorney's fees and costs from the non -prevailing
party. Venue for any action shall lie in Grant County Superior Court or
the U.S. District Court for Eastern Washington.
Section 25. Specific Performance. The parties specifically agree that
damages are not an adequate remedy for breach of this Development
Agreement, and that the parties are entitled to compel specific
performance of all material terms of this Development Agreement by any
party in default hereof.
Section 26. Severability. If any term, provision, covenant or condition
of this Agreement should be held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remainder of this Development
Agreement shall continue in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
Section 27. Construction, In the event of a dispute between the
parties as to the meaning of terms, phrases or specific provisions of this
Development Agreement, the authorship of this Development Agreement
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shall not be cause for this Development Agreement to be construed
against any party nor in favor of any party.
IN WHITNESS WEREOFF, the parties hereto have caused this
Development Agreement to be executed as of the dates set forth below:
OWNER i DEVELOPER:
CRR Land Co. LLC
Ross Clemenshaw, Title: %JI
Mate of Washington
County of Grant
I certify that I know or have satisfactory evidence that Ross
Clemenshaw signed this, instrument, on oath that he was authorized to
execute the instrument and acknowledged it as the Managing Member of
CCR land Co. LLC, or assigns, to be free and voluntary act of such party
for and purposes mentioned in this instrument.
Gated. a U2 L 2012.
Notary Public
State of Washington
ERIKA NAVARRO
W COMMISSION EXPIRES
June 17, 2015
r
Notary Public for Washin ton State
My commission expires u� 17 :�01�..
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GRANT COUNTY BOARD OF COUNTY COMMISSIONERS:
Passed by the Board of County Commissioners in regular session at Ephrata,
Washington, by the following vote, then signed by its mefflbership Md attested to
by its Clerk in authorization of such passages this day Of
2013. (j I
Dated this day of +-aato-2011.
Yea Nay Abstain BOARD OF COUNTY
COMMISSIONERS,
GRANT COUNTY,
WA O'" ffiINGTON
0 0 0 Cindy Cm6er, Chair
L
0 0 0 Carolann Swartz, Vice -Chair
A
01 1:1 0 RkhArd Stevens, Member
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EXI IT "X
LEGAL DESCRIMON
THAT PORTION OF THE EAST HALF OF SECTION 18, TOWNSHE' 20 NORTH, RANGE
23 EAST, W.M., GRANT COUNTY, WASHINGTON, ANIS THAT PORTION OF TRACT
"C" ACCORDING TO SUNSERRA AT CRESCENT BAR PHASE THREE -FINAL P.U.D.
MAP RECORDED UNDER AUDITOR'S FKE NUEMBER 1185869, IN BOON 24 OF PLATS
AT PAGES 26 THROUGH 36, RECORDS OF GRANT COUNTY, WASHINGTON IN THE
WEST HALF OF SECTION 18, TOWNSHIP 20 NORTH, RANGE 23 EAST, W.M., GRANT
COUNTY, 'WASHINGTON, BEING DESCRI 3ED AS FOLLOWS;
BEGINNING AT A BRASS CAP MONUMENT IN CASE MARRING THE SOUTH
QUARTER CORNER OF SAID SECTION 18, SAID POINT BEARS SOUTH
81 °30'48"WEST, 3147.42 FEET, FROM A U.S.B.R. BRASS CAP MONUMENT MARKING
THE CORNER COMMON TO SECTIONS 17 AND 20; THENCE NORTH 01 °30'43"EAST,
2827.89 FEET, TO A FIVE-EIGHTHS INCH REBAR WITH A SURVEYOR'S CAP MARKED
"LS 12491 ", AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 84°53105"WEST,
46.27 FEET, TO A HALF INCH REBAR WITH SURVEYOR'S CAP STAMPED "LS 8588";
THENCE NORTH 02030'23"EAST, 682.94 FEET, TO THE SOUTHEAST CORNER OF SAID
TRACT ttCts, SAID POINT BEING MARDED WITH A FIVE-EIGHTHS INCH REBAR WITH
SURVEYOR'S CAP STAMPED "LS 21651"; THENCE NORTH 09011'52"WEST, 501.18
FEET, TO A FIVE-EIGHTHS INCH REBAR WITH SURVEYOR'S CAP STAMPED "LS
2296411; THENCE SOUTH 84°27'03"EAST, 101.85 FEET, TO AN INTERSECTION WITH
THE EAST BOUNDARY OF SAID TRACT t°Ctt' SAID PONT BEING MARDED BY A 5/8
INCH REBAR WITH SURVEYOR'S CAP STAMPED "LS 21651 "; THENCE NORTH
88®56'13"EAST, 544.86 FEET; THENCE NORTH 05°38'26"EAST, 120.00 FEET; THENCE
NORTH 72049'38"EAST, 189.06 FEET; THENCE SOUTH 35018'49"EAST, 340.17 FEET;
THENCE SOUTH 350 18'49"EAST, 2823.40 FEET; THENCE SOU rH 22°2614"WEST,
1716.94 FEET; THENCE SOUTH 89 °48'00"WEST, FOLLOWING THE SOUTH BOUNDARY
OF THE SOUTHEAST QUARTER OF SAID SEC710N, 434.95 FEET; THENCE NORTH
00054'20"WEST, FOLLOWING THE EAST BOUNDARY OF SAID SECTION, 99 1. 10 FEET;
THENCE NORTH 00052'02"WEST, 306.55 FEET; THENCE NORTH 43°46'35"WEST,
2110.77 FEET, TO THE TRUE POINT OF BEGINNING.
CONTAINING 109.30 ACRES MORE OR LESS
SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD
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