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Agreements/Contracts - Central Services (002)
GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Central Services REQUEST SUBMITTED BY: Tom Gaines CONTACT PERSON ATTENDING ROUNDTABLE. Tom Gaines CONFIDENTIAL INFORMATION: ❑YES ©NO DATE: 10/31/24 PHONE: 3276 OF DOCUMENTS SUBMITTED:TYPE(S) CK ALL (CHE ► APPLY) ®Agreement / Contract DAP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel, ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase []Resolution ❑Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Surplus Req. []Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB Annexation and Developers agreement between the City and the County regarding the Jail. This has been reviewed by Civil, and by Development Services. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO * N/A If necessary, was this document reviewed by legal? *1 YES ❑ NO ❑ N/A DATE OF ACTION:I � 9;.., r- DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN r D 1: z D2: D3: �. 4/23/24 K24-261 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT Between CITY OF EPHRATA, WASHINGTON and GRANT COUNTY, WASHINGTON THIS ANNEXATION AND DEVELOPMENT AGREEMENT ("Agreement") is entered into this day of , 2024, by and between the CITY OF EPHRATA, a Washington non -charter code city ("City") and GRANT COUNTY, a political subdivision of the State of Washington ("County"). WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170); WHEREAS, local governments may also enter into a development agreement for real property outside its boundaries as part of a proposed annexation or service agreement (RCW 36.70B.170(1)); WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement (RCW 3 6.70B .170(1)); WHEREAS, for the purposes of this development agreement, "Development Standards" includes, but is not limited to, all of the standards listed in RCW 36.70B.170(3); WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under the Washington Growth Management Act, Chapter 3 6.70A RCW ("GMA"); (RCW 3 6.7 OB. 170(l)); WHEREAS, in 2022, the County acquired three parcels located adjacent to the municipal boundaries of the City of Ephrata as legally described in Exhibit A, attached and incorporated herein ("County Property"); WHEREAS, the County submitted an application to the City to add the County Property to the City's Urban Growth Area designated under the GMA; WHEREAS, the County further intends to annex the County Property into the City of Ephrata; WHEREAS, the County presently desires to annex a portion of the County Property for the Correctional Facility Project; WHEREAS, the City has determined that there are certain impacts as a result of this proposed annexation and development that require mitigation; WHEREAS, the County has agreed to take certain actions as a condition of the annexation to mitigate those impacts as set forth herein; WHEREAS, pursuant to the authority granted by RCW 36.70B.170 et seq., the City and County wish to enter into this Agreement to govern the development, use, and mitigation of certain impacts associated with annexation and development of the Correctional Facility Project; and WHEREAS, the agreement of the County to develop the Correctional Facility Project as set forth in this Agreement is a material inducement for the City to enter into this Agreement and to annex the Correctional Facility Project and the City would not enter into this Agreement but for such agreement and assurances by the County. NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained herein, the recitals above, and the attached Exhibits which are incorporated and made a part hereof, it is mutually agreed as follows: 1. County Property and Correctional Facility Project. 1.1 County Property Location. The County Property consists of three parcels of approximately 87 acres combined. The County Property is legally described in Exhibit A. A site map of the County Property is attached as Exhibit B and incorporated herein. 1.2 Ephrata Urban Growth Area. As of the date of execution of this Agreement, the County Property is located outside of the Urban Growth Area (UGA) for the City of Ephrata. The City has included the County Property in its revised UGA proposal. The County has also included the addition of the County Property within the Ephrata UGA as part of its annual docket cycle. The provisions of this Agreement related to annexation into the City shall only be effective upon the inclusion of the County Property within the Ephrata UGA and in the event that the County Property is not included within the Ephrata UGA by December 31, 2024, this Agreement shall be null and void and of no further effect on the parties. It is further understood and agreed by the parties that this Agreement has no effect on the respective actions by the parties to include the EPHRATA-GRANT COUNTY PAGE 2 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT County Property within the Ephrata UGA in accordance with the requirements of the Washington Growth Management Act, Chapter 36.70A RCW. 1.3 Correctional Facility Project. Correctional Facility Project. The Correctional Facility Project is the development, annexation, and use of a 21 acre portion of the County Property to develop a correctional facility and associated buildings on lots one and three as described and depicted in Exhibit A (AFN 1171101, 1473480, respectively). The location of the Correctional Facility Project is attached as Exhibit C and incorporated herein. 2. Development of Correctional Facility Project. 2.1 County -Wide Planning Policies. Under the Grant County County -Wide Planning Policies, attached as Exhibit D and incorporated herein, any development on the County Property, including the Correctional Facility Project, shall conform with all city construction standards, performance standards, land use, and circulation patterns. 2.2 Joint Review and Processing of Development. 2.2.1 In the event the Correctional Facility Project is located within the City UGA but is not within the City's municipal boundaries, the County shall have jurisdiction over the application and processing of any development permits, including subdivision, lot line adjustments, building permits, and SEPA reviews; provided, however, that the City shall review and approve all permits for consistency with city standards prior to the County's final approval of such development permits. 2.2.2 In the event the Correctional Facility Project, or any portion thereof, is annexed into the City, the City shall have exclusive jurisdiction over the application and processing of any development permits for such portion of the Correctional Facility Project. 2.2.3 Development Permits, including but not limited to building permits, shall be reviewed and any inspections required shall be completed by that agency that issued the original permit unless otherwise agreed to in writing by both agencies. 2.2.4 Grant County Development Services shall be lead agency, responsible for processing any Environmental Review for those portion of the project in the County's jurisdiction. Upon annexation of any or all portions of the County Property, the lead agency responsibility shall EPHRATA-GRANT COUNTY PAGE 3 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT be that of the City. The County and City shall jointly review all environmental documents prior to any required permit issuance. 2.3 Permitted Land Uses; Zoning 2.3.1 It is the intent of the City to designate the Correctional Facility Project as a Public Facility zone at time of annexation. It is fiirther the intent , of the City to designate the Correctional Facility Project as Public Facilities in the Future Land Use Map of the Ephrata Comprehensive Plan. 2.3.2 Any development of the Correctional Facility Project shall be limited to the allowed uses in the Ephrata Public Facility zone. 2.4 Platting Required. The County shall divide the Correctional Facility Project from the remaining County Property prior to annexation and shall include the City as a reviewing agency of the subdivision in accordance with Paragraph 2.2. Design of the plat shall meet City Construction Standards and subdivision Development Standards, including but not limited to water, sewer, and street standards. 2.5 Traffic Impacts; Street Design. 2.5.1 It shall be the County's responsibility to upgrade and extend County Road B.3 NW from the intersection of Road B.3 NW with State Highway 282 W to the southwest corner of the County Property (South Section line of Section 22, Township 21 North, Range 26 East, W.M., Grant County, Washington) prior to annexation. This section of roadway improvements shall include curb, gutter, sidewalk, hot mix asphalt, city water main line, and sewer mainline to current City Development Standards. 2.6 Water Improvements; Service. 2.6.1 The County shall provide at its cost water improvements to serve the County Property consistent with City Development Standards. The City shall inspect all water and sewer infrastructure extensions during the construction period and must accept all work prior to acceptance of public water improvements. 2.6.1.1 Improvements shall include a 12-inch water main line constructed to City Development Standards extended at the County's cost from an existing line on the north side of the intersection of Nat Washington Way SE and State Highway 282 W to the southwest EPHRATA-GRANT COUNTY PAGE 4 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT corner of the county property (South Section line of Section 22, Township 21 North, Range 26 East, W.M., Grant County, Washington). 2.6.1.2 The County shall install fire hydrants per the Ephrata Water System Plan and the International Fire Code. 2.6.1.3 If the City requires any increase in the water main size above that required for servicing the County Property, or the City asks for extended services to be installed, the City shall reimburse the County for the costs associated with that increase or change orders. If bids are required to perform the installation of the water main, the parties shall determine the allocation of such cost increase prior to bid. The City will provide latecomer agreements for Sewer and Water to the County for any portion thereof facilitated and paid for by the County and accessed later by members of the Public being served by the City. 2.6.2 All fees associated with review and inspection are set forth in the City's fee schedule, Chapter 3.35 of the Ephrata Municipal Code, as amended. 2.6.3 The City shall provide water service to the Correctional Facility Project subject to availability. The City may provide water service to the remaining County Property provided that it is within the Ephrata UGA and the City has water available to serve the proposed development. Water availability shall be as determined by the City and in the City's sole discretion. The City makes no guarantees that water of sufficient quantity or quality will be available to the County. 2.6.4 Fee in Lieu of Assignment of Water Rights. As a condition for the annexation of the Correctional Facility Project, the County shall pay to the City a water rights acquisition fee equivalent per equivalent residential unit (ERU) of the proposed development. The City will base the ERU on the maxim -Lim potential demand for the Jail Facility at 17,680 gallons per day, equating to 56 ERUs. The fair market value of the water rights acquisition fee is $1,900 per ERU as documented in the analysis attached as Exhibit E and incorporated herein. The water rights acquisition fee shall be paid to the City prior to the council considering any petition for annexation of the Correctional Facility Project. 2.7 Sewer Service; Improvements. 2.7.1 The County shall provide at its cost sewer improvements to serve the Correctional Facility Project consistent with City Development Standards. The City shall inspect all sewer infrastructure extensions during the construction period and must accept all work prior to acceptance of public sewer improvements. EPHRATA-GRANT COUNTY PAGE 5 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT 2.7.1.1 Improvements shall include a 12 inch sewer main line, manholes, and associated facilities constructed to City Development Standards extended at the County's cost from a location within the right-of-way of State Highway 282 W. to the City Wastewater Treatment Facility (WWTF) along that path set forth in Exhibit F, attached and incorporated herein. Said sewer main line shall be sized for the development of County Property. The sewer main line shall be built in accordance with the City Street and Utility Standards. 2.7.1.3 In the event the City requires any increase in the sewer main line size above that required for servicing the County Property or requires the County to install any facilities at a deeper depth than required for servicing the County Property, the City shall reimburse the County for the costs associated with that increase. If bids are required to perform the installation of the sewer main, the parties shall determine the allocation of such cost increase prior to bid. 2.7.2 The City shall provide sewer service to the Correctional Facility Project subject to availability. The City may provide sewer service to the remaining County Property provided that it is within the Ephrata UGA and the City has capacity available to serve the proposed development. 2.8 Fire. 2.8.1 Grant County Development Services shall submit all structure plans to the County Fire Marshal and the City Fire Chief for review and acceptance prior to issuance of any building permits. 2.8.2 Fire Hydrant placement shall be reviewed and approved by both the County Fire Marshal and the City Fire Chief at the time of water line installation. 2.9 Landscaping. The County shall install landscaping in accordance with Grant County Code Section 23.12.170, subject to the review and approval of the City. 2.10 SEPA Review. 2.10.1 Grant County Development Services shall perform all reviews required under the Washington State Environmental Protection Act, Chapter 43.21 C RCW, including reviewing all projects for Critical Area Assessments until the County Property or portions thereof are annexed into the City at which time it will become the City's responsibility. The County shall EPHRATA-GRANT COUNTY PAGE 6 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT provide the City with timely notice and copies of all SEPA applications and related documents regarding development of the County Property for review and comment by the City. 2.10.2 Critical areas identified prior to or during the SEPA Review process will require appropriate site assessments by a qualified profession capable of completing the review and shall condition the project on any mitigation measures recommended by said study. 3. Annexation. 3.1 City Zoning. The Ephrata City Council shall consider adoption of the "Public Facilities" (PF) zoning classification for the County Property upon annexation. 3.2 Annexation Method. The County may submit a petition to the City for the annexation of the Correctional Facility Project pursuant to the requirements of RCW 35A.14.120 through .150. Upon receipt of the petition, the City shall hold an annexation hearing consistent with state law prior to annexation of the Correctional Facility Project. 3.3 Annexation Timing. 3.3.1 The City agrees to authorize the annexation of the Correctional Facility Project upon petition of the County subject to the terms and conditions of this Agreement. 3.3.2 Annexation of the remaining Future Public Facilities portion of the County Property shall be at the discretion of the City Council. Compliance with the requirements of this Agreement shall be a precondition to review of any petition for annexation of the remaining County Property. 3.4 Assumption of Indebtedness. Upon annexation, the annexed portion of the County Property shall be assessed and taxed at the same rate and on the same basis as other similar property in the City is assessed and taxed to pay for any then outstanding indebtedness of the City, which indebtedness has been approved by the voters, contracted for, or incurred prior to or existing upon the effective date of annexation. 4. Development Standards. Any development permits shall be subject to the Development Standards in effect at the time of filing a complete application with the party with jurisdiction over the permit. 5. Term. This Agreement shall commence upon the execution by the parties and shall continue in force for a period of five (5) years unless terminated as provided herein. EPHRATA-GRANT COUNTY PAGE 7 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT 6. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. 7. Survival. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. 8. Assignment. The parties acknowledge that development of the County Property likely will involve sale and assignment of portions of the County Property to other governmental entities or persons who will own, develop, or occupy portions of the County Property and buildings thereon. The County shall have the right to assign or transfer all or any portion of the respective interests, rights, or obligations under this Agreement or in the County Property to other parties acquiring an interest or estate in all or any portion of the County Property. Consent by the City shall not be required for any transfer of rights pursuant to this Agreement. Unless the following conditions are met, the transferee shall be entitled to all interests and rights and be subject to all obligations under this Agreement, but the County shall not be released of liability: (a) the County provides notice to the City of the proposed assignment; (b) the assignee has assumed in writing all obligations under this Agreement, and (c) substantially all of the on -site and off -site mitigations have been completed or adequate security therefore has been provided. If the conditions for release are met under this subsection, then from and after the date of transfer, the County shall have no further liability, obligation under this Agreement and the assignee shall exercise the rights and perform the obligations of the County under this Agreement for that portion of the County Property acquired by the successor or assign. 9. Recording. This Agreement shall be recorded against the County Property as a covenant running with the land and shall be binding on the County, its successors and assigns. 10. Interpretation. 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 such agreements, and this Agreement shall be construed to reserve to the City only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. 11. Severability. If any provisions of this Agreement are determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law. If a court finds unenforceability or invalidity of any portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent with the court decision, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. If the parties do not mutually agree to modifications within forty-five (45) days after the court ruling, EPHRATA-GRANT COUNTY PAGE 8 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT then either party may initiate the dispute resolution proceedings set forth herein for the determination of the modifications which implement the intent of this Agreement and the court decision. 12. Authority. The City and the County each represent and warrant it has the respective power and authority, and is duly authorized, to execute, deliver and perform its obligations under this Agreement. 13. Amendment. This Agreement shall not be modified or amended, except as set forth herein, without the express written approval of the City and the County (or any party to whom the County has sold or assigned where the County has been released of liability). However, nothing in this Agreement shall prevent the City from imposing new or different regulations to the extent required by a serious threat to public health and safety. 14. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit, or otherwise modify the terms and conditions of this Agreement. 15. Time of Essence. Time is of the essence of this Agreement in every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 16. Entire Agreement. This Agreement and its incorporated exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. 17. Dispute Resolution. In the event of any dispute relating to this Agreement, all parties upon the request of any other party shall meet within the seven (7) days to seek in good faith to resolve the dispute. 18. Default and Remedies. No party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) days after written notice of default from any 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. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance or writs to compel performance or require action consistent with this Agreement. EPHRATA-GRANT COUNTY PAGE 9 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT 19. No Third Party. 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. 20. Interpretation. This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. 21. Notice. All communications, notices, and demands of any kind which a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Ephrata 121 Alder Street SW Ephrata, WA 98823 If to the County: Grant County F.O. Box 37 Ephrata, WA 98823 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered 48 hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. 22. Delay. If either party is delayed in the performance of its obligations under this Agreement due to Force Majeure, then performance of those obligations shall be excused for the period of delay. Force Maj eure shall mean extraordinary natural elements or conditions, war, riots, labor disputes, or other causes beyond the reasonable control of the obligated party. 23. Indemnification. Except as otherwise specifically provided elsewhere in this Agreement and any exhibits hereto, each party shall protect, defend, indemnify, and hold harmless the other party and their officers, agents, and employees, or any of them, from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of the party's own officers, agents, and employees in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a party, the party whose negligent action or omissions gave rise to the claim shall defend the other party at the indemnifying party's sole EPHRATA-GRANT COUNTY PAGE 10 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT cost and expense; and if final judgment be rendered against the other party and its officers, agents, and employees or jointly the parties and their respective officers, agents, and employees, the parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each party shall indemnify and hold the other parties harmless only to the extent of that party's negligence. IN WITNESS WHEREOF, the City of Ephrata and Grant County have executed this Agreement each by its proper respective officers to be effective the date provided herein. Attest: ion Leslie Trachsler, Finance Director CITY OF EPHRATA 0 Bruce Reim, Mayor EPHRATA-GRANT COUNTY PAGE 11 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT Attest: Prosecutive Attorney GRANT COUNTY 0 By: _ County Co missioner 0 cxc u S e-D County Commissioner s By: County Co issioner EPHRATA-GRANT COUNTY PAGE 12 OF 11 ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE CORRECTION FACILITY PROJECT EXHIBIT A Legal Description of County Property Parcel 1: That portion of the Southeast quarter of Section 22, and the Southwest quarter of Section 23, all in Township 21 North, Range 26 EWM, Grunt County, Washington, lying Southerly of State Highway 282, is described as follows: Beginning at a USBR brass cap monument marking the South quarter corner of said Section 22, said point bears South 00126138" West, 2649.36 feet from a USBR pipe marking the center of said Section 22; thence North 00126'38" East, following the North -South midsection line of said Section 22, 104.24 feet, to an intersection with the Easterly boundary of a County Road right-of-way as described under Auditor's File Number 556407, records of Grant County, Washington, said point being marked by a found 1/2 inch with surveyor's cap stamped LS 8588; thence North 28145105" East, following said right-of-way boundary, 1371.52 feet, to a found 1/2 inch rebar with surveyor's cap stamped LS 8588 and the True Point of Beginning; thence continuing North 28145105" East, 630.64 feet, to an intersection with the Southerly right-of-way boundary of State Highway 282, said point being 75.00 feet perpendicularly distant from and Southerly of the centerline of said State Highway right- of-way and marked by a 1/2 inch rebar with surveyor's cap stamped LS 41292; thence South 58147'58" East, following said Southerly State Highway right-of-way, 2157.91 feet to a 1/2 inch rebar with Surveyor's cap stamped LS 41292; thence South 00°18100" West, 719.91 feet, to an intersection with the South boundary of said Section 23, said point being marked by a 1/2 inch rebar with surveyor's cap stamped LS 41292; thence North 8912915011 West, following the South boundary of said Section 23, 147.06 feet, to the common South Section comer of said Sections 22 and 23; thence South 89130'10" West, following the South boundary of said Section 22, 1467.82 feet, to a found 1/2 inch rebar with surveyor's cap stamped LS 8588; thence North 24132137" East, 975.25 feet, to a 1/2 inch rebar with surveyor's cap stamped LS 41292;thence North 66122142" West,1021.21 feet to the True Point of Beginning. APN: 160866002 Parcel 2: That portion of the Southeast quarter of Section 22, Township 21 North, Range 26 E. WM., Grant County, Washington, lying Southerly of State Highway 282, is described as follows: Beginning at a USBR brass cap monument marking the South quarter corner of said Section 22, said point bears South 00126138" West, 2649.36 feet from a USBR pipe marking the center of said Section 22, thence North 00126138" East, following the North -South mid- section line of said Section 22, 104.24 feet, to an intersection with the Easterly boundary of a County Road right-of-way as described under Auditor's File Number 556407, records of Grant County, Washington, to a found 1/2 inch rebar with surveyor's cap stamped LS 8588, said point also being the True Point of Beginning; thence continuing North 00126138" East, following said mid -section line, 1499.40 feet, to Westerly corner of Auditor's File Number 825017, records of Grant County, Washington, said point being marked by a 1/2 inch rebar with surveyor's cap stamped LS 41292; thence South 89133123" East, following the Southerly boundary of said Auditor's File, 716.74 feet, to an intersection with the Westerly right-of-way boundary of said County Road, said point being marked by a 1/2 inch rebar with surveyor's cap stamped LS 41292; thence North 28145105" East following said Westerly right-of-way boundary, 72.52 feet, to a found 1/2 inch rebar with surveyor's cap stamped LS 8588; thence South 61114'55" East, perpendicular to said right- of-way boundary, 80.00 feet, to an intersection with the Easterly right-of-way boundary of said County Road, said point being marked by a 1/2 inch rebar with surveyor's cap stamped LS 41292; thence South 28145105" West, following said right-of-way boundary, 360.98 feet, to a found 1/2 inch rebar with surveyor's cap stamped LS 8588; thence continuing South 28145105" West, 1371.52 feet, to the True Point of Beginning. EXCEPT that portion deeded to the City of Ephrata by deed recorded March 31, 2009, under Auditor's File No. 1252594. APN: 160853000 Parcel (track): THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 21 NORTH, RANGE 26 EWM, GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNNING AT A USBR BRASS CAP MONUMENT MARKING THE SOUTH QUARTER CORNER OF SAID SECTION, SAID POINT BEARS SOUTH 00026138" WEST, 2649.36 FEET FROM A USBR PIPE MARKING THE CENTER OF SAID SECTION; THENCE NORTH 00026'37" EAST, FOLLOWING THE NORTH -SOUTH MIDSECTION LINE OF SAID SECTION, 104.24 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDARY OF A COUNTY ROAD RIGHT -OF- WAY AS DESCRIBED IN AUDITOR'S FILE NUMBER 556407, RECORDS OF GRANT COUNTY, WASHINGTON, SAID POINT BEING MARKED BY A HALF INCH REBAR WITH SURVEYOR'S CAP; THENCE NORTH 28045105" EAST, FOLLOWING SAID RIGHT-OF-WAY BOUNDARY,1371.51 FEET, TO A HALF INCH REBAR WITH SURVEYOR'S CAP; THENCE SOUTH 66022142" EAST, 1021.21 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP; THENCE SOUTH 24032137" WEST, 975.25 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID SECTION, SAID POINT BEING MARKED BY A HALF INCH REBAR WITH SURVEYOR' S CAP; THENCE SOUTH 89030' 10" WEST, FOLLOWING SAID SOUTH BOUNDARY,1191.11 FEET TO THE POINT OF BEGINNING. APN: 160866003 EXHIBIT B County Property Site Map Subject Properties ,• Y� � ��� • t . " • 41 � -n /s. r -•i.� tom, .. .. S . 4 � �� �^y�, � " - 1 h qrl� , •. Y w xr let .. M ' vas !,f i �••lyyy{ x�i Y, � � � t �dJi� �Si irI CC it S1 C `P - •ice' - '• }'ti,r ' ..���3 .�"r�+,�j�i �::a J � �' Will create this parcel with a 4 parcel short plat (not exact) r ,It . .i � •��*- � �.�� ,'.'� ��yy�.�yf�"��if t �•aFk7,�- .tit` , i •r '� Y+( v1• y •V. t i EXHIBIT D FINAL ADOPTED POLICIES OF THE GRANT COUNTY PLANNED GROWTH COMMITTEE 5-6-93 (Amended March 27, 2002) (Updated in 2009) POLICY 1 POLICY REGARDING URBAN GROWTH AREAS AND THE DESIGNATION OF URBAN GROWTH BOUNDARIES I. DESIGNATION OF URBAN GROWTH AREAS/BOUNDARIES A. An Urban Growth Area (UGA) shall be designated for each city and town in Grant County (RCW 36.70A.110). 1. Urban growth, as defined in RCW 36.70A.030, shall be encouraged within designated UGA's. 2. Growth can occur outside a UGA only if it is not urban in nature. A pattern of more intensive rural development, as provided in RCW 36.70A.070(5)(d) is not urban growth [RCW 36.70A.030(17)]. 3. At a minimum, each city and town in Grant County shall have included in its UGA the area within the corporate limits of the city or town. 4. A UGA may include territory that is outside of the city or town if such territory is characterized by urban growth or is adjacent to territory already characterized by urban growth. B . UGA's, based upon the population forecast made for Grant County by the Washington State Office of Financial Management, shall include areas and density sufficient to permit the urban growth that is projected to occur in Grant County within the next 20 years. Each UGA shall permit urban densities and shall include green belt and open space areas (RCW 36.70A.110)(2). C. Each city and town in Grant County shall provide to Grant County a UGA with urban growth boundaries for its jurisdiction (RCW 3 6.70A. 110)(2). 1. The county shall attempt to reach an agreement with each city and. town on the establishment and location of a UGA and urban growth boundaries for each city and town. 2. UGA's, which includes territory outside the corporate limits of a city or town, shall be established by examining criteria including, but not limited to, the following: a. Existing commercial and residential developments bordering the corporate limits of the city or town. b. Estimated population growth of the city or town. C. The capacity of the city or town for expanding urban governmental services as defined in RCW 3 6.70A.03 0(16). d. Availability of land suitable for development in the city or town or the area adjacent to the city or town. 3. If an agreement is not reached with each city or town as to a UGA, the county shall justify in writing, supported by findings consistent with RCW 36.70A, as to the reasons why it does not agree with the city or town's proposed UGA. 4. A city or town may object formally, with the Washington State Department of Community Development, over the designation of the urban growth area within which it is located. GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 5. The Washington State Department of Community Development, when appropriate, shall attempt to resolve any conflict between the county and a city or town where a difference of opinion exists as to the location of an urban growth area. The Department of Community Development may use mediation services if necessary. 6. UGA's shall be reviewed every five (5) years and amended as necessary. D. Urban governmental services should be provided by cities and urban governmental services should not be provided in rural areas. Urban governmental services include those governmental services historically and typically delivered by cities and towns, and includes storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with non -urban areas (RCW 3 6.70A. 110)(3). 1. Urban growth should first be located in areas already characterized by urban growth that have existing public facilities and service capabilities. 2. Urban growth should secondarily occur in areas already characterized by urban growth that will be served by a combination of both existing public facilities and services that are provided by either public or private sources. E. Commercial and industrial development, except for that commercial and industrial development allowed as a pattern of more intensive rural development as provided in RCW 36.70A.050(d)(d), or within a major industrial development as provided in RCW 36.70A.367, must be confined within a UGA if urban governmental services are required or cannot be supplied by said development. POLICY 1A II. PROCEDURE FOR SETTLING URBAN GROWTH BOUNDARY DISPUTES A. If the affected jurisdictions are unable to reach consensus and arrive at an impasse, all affected jurisdictions shall enter into mediation. All participating jurisdictions shall jointly select a neutral mediator within thirty (30) days of reaching an impasse in negotiations. If they cannot agree upon a neutral mediator within thirty (30) days of impasse, then any jurisdiction may apply to the Washington State Department of Community Development or the Eastern Washington Planned Growth Hearings Board for appointment of a neutral mediator. No mediator may be an employee or elected official of any of the participating jurisdictions. Each mediator must possess professional mediation skills and/or dispute resolution skills. B. The affected jurisdictions shall enter into mediation within thirty (30) days following the failure to reach consensus through negotiations and the mediation shall be concluded within forty-five (45) days of its inception. C. Any affected jurisdiction may appeal the results of mediation to the Growth Management Hearings Board as provided for by RCW 36.70A. POLICY 1B III. PROCEDURES FOR AMENDING URBAN GROWTH AREAS/BOUNDARIES A. The amendment procedure allows for the opportunity for a jurisdiction to request an amendment of that jurisdiction's established UGA. The purpose of this policy is to ensure that a consistent administrative procedure and a consistent method will be used m evaluating any proposed amendments. B. Within thirty (30) days of receiving a request for an amendment, all affected jurisdictions shall enter into negotiations for the purpose of considering the request. Such negotiations shall be GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 conducted in good faith by all participating jurisdictions. Such negotiations shall be concluded, by either reaching consensus or an impasse, within forty-five (45) days of the date of the request. C. An electronically recorded record and minutes shall be kept of all negotiations conducted pursuant to a request for amendment. D. If the affected jurisdictions reach a consensus as to the amendment, each jurisdiction shall amend its Comprehensive Plan as necessary to reflect the agreed upon amendment. Any amendment agreed to in this process shall be presumed to be with the authority of that jurisdiction's entire governing body. POLICY 2 & 2A POLICIES TO PROMOTE CONTIGUOUS ORDERLY DEVELOPMENT AND THE PROVISION OF URBAN GOVERNMENTAL SERVICES TO SUCH DEVELOPMENT Definitions: A. Public facilities - means streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, park and recreational facilities, and schools [RCW 36.70A.030(1 2)]. B. Public Services - means fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services [36.70A.030(13)]. C. Urban Growth - means growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agriculture products or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" means land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth [RCW 36.70A.030(14)]. Apattern of more intensive rural development, as provided in RCW 36.70A.070(5)(d) is not urban growth rRCW 36.70A.030(17��. D. Provision of Urban Governmental Services - means those governmental services historically and typically delivered by cities and includes storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with non urban areas [RCW 36.70A.030(16)]. E. Rural Character - refers to patterns of land use and development established by a county in the rural element of its comprehensive plan: 1. in which open space, the natural landscape, and vegetation predominate ofer the built environment; 2. that foster traditional total lifestyles, rural -based economics, and opportunities to both live and work in rural areas; 3. that provide visual landscapes that are traditionally found in rural areas and communities; 4. that are comparable with the use of the land by wildlife and for fish and wildlife habitat; 5. that reduce inappropriate conversion of undeveloped land into sprawling, low -density development; that generally do not require the extension of urban governmental services; and 6. that are consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas [RCW 36.70A.030(14). GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 F. Rural Development- means development outside the urban growth area and outside resource lands designated pursuant to RCW 36.70A.170. Tutal development can consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with the preservation of rural character and the requirements of the rural element Rural development does not refer to agricultural activities that may be conducted in total areas (RCW 36.70A.030(15). G. Rural Governmental services - means those public services and public facilities historicallv and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated with rural development and normally not associated with urban areas Rural services do not include storm or sanitary sewer, except when necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development. [RCW 36.70A.030(16 ." II. Phasing of Urban Development In order to achieve the intent of the State of Washington's growth management legislation, Grant County shall consult with each city and town within Grant County and each city or town shall propose the location of an Urban Growth Area (UGA). Grant County shall designate UGA's, after holding the aforesaid consultations, which will be associated with each city and town in Grant County and further, shall designate a rural area surrounding the established UGA according to the following [RCW 36.70A.110(2)]: A. A short term urban growth boundary shall be established within the UGA within which urban growth will occur over the next ten years. Policies and actions will emphasize urban land uses and the provision of urban governmental services by cities and towns and the intended gradual phasing outward from the corporate limits of the city or town as opposed to converting undeveloped land into unplanned sprawling low density development [RCW 36.70A.020(1) and RCW 36.70A.020(2)]. B. A long term urban growth boundary shall be established within the UGA within which urban growth will occur over the next eleven (11) to twenty (20) years as urban growth expands beyond the short term urban growth boundary. Policies and actions will emphasize planning for the longer term and will continue to emphasize urban land uses and the provision of urban governmental services by cities and towns and the intended gradual phasing outward from the short term urban growth boundary as opposed to converting undeveloped land into unplanned sprawling low density development [RCW 36.70A.020(1) and RCW 36.70A.020(2). III. Rural Area: A rural area shall exist outside of the UGA within which very low intensive land uses will prevail over the next twenty (20) years. County policies and actions will emphasize rural residential densities and the protection of agricultural lands and natural resources. Urban growth will be prohibited. Development will be encouraged in UGA's where adequate public facilities and services exist or can be provided in an efficient manner. The inappropriate conversion of undeveloped land into sprawling low density development will be also prohibited [RCW 36.70A.020(2)]. IV. Provision of Urban Governmental Services, Public Facilities, and Public Services: Cities should be the primary providers of urban governmental services, public facilities, and public services in the UGA [RCW 3 6.70A. 110(2)]. V. Policies on Development Standards: All development within a UGA but outside the current corporate limits of a city or town shall conform with all city construction standards, performance standards, land use, and circulation patterns. Any development GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 proposed within a UGA but outside the corporate limits of a city or town shall be jointly reviewed by the city and county to ensure compliance with the aforesaid and the intended development goals and requirements as stated in both the city and county comprehensive plans. POLICY 2B URBAN DENSITIES - DEFINITION OF LOT SIZES [. Urban densities typically make intensive use of land to such a degree as to be incompatible with the primary use of such lands for the production of agricultural products or mineral resources. When allowed to spread over wide areas, urban growth typically requires a high level of urban governmental services. (based on RCW 36.70A.030 (14) Recognizing that a variety of urban densities will occur within each municipality and urban growth area, that each municipality's vision of its future is different, and that any one minimum density designation for urban growth within such areas would be overly restrictive and inappropriate for inclusion within a regional policy: A. It is appropriate that urban densities within the corporate boundaries of each city be defined by such jurisdiction in its comprehensive land use plan. B. Urban densities within designated urban growth areas, but outside the corporate boundaries of adjacent cities, shall be designated jointly by the adjacent city and county in each jurisdiction's comprehensive land use plan. C. Urban densities within designated urban growth areas that do not include a city shall be designated by the county in its comprehensive land use plan. D. Urban densities are prohibited outside of established urban growth areas except for the establishment of master planned resorts and new fully contained communities consistent with the requirements for reserving a portion of the twenty (20) year county population projection. (RCW 36.70A.350 & RCW 3 6.70A.3 60)The county will determine appropriate densities outside of designated urban growth areas in its comprehensive land use plan consistent with the goals of the Growth Management Act E. The comprehensive plan of the county and of each city shall be coordinated with, and consistent with, the comprehensive plan of other counties or cities with which the county or city has in part common borders or related regional issues. (based on RCW 36.70A.100) POLICY 3 POLICIES FOR SITING PUBLIC FACILITIES OF A COUNTY -WIDE OR STATE-WIDE NATURE Identify and Siting Essential Public Facilities: A. The Comprehensive Plan of each city, town and county that is planning under the Growth Management Act shall include a process for identifying and siting essential public facilities.(RCW 3 6.70A.200(1) B. Essential public facilities including those facilities that are typically difficult to site, such as airports, state education facilities, and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and in -patient facilities including substance abuse facilities, mental health facilities, and group homes. (RCW 36.70A.200(1) GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 C. No city, town or county comprehensive plan or development regulation may preclude the siting of essential public utilities. (RCW 36.70A.200(2) II. Development of Essential Public Facilities: When essential public facilities are proposed the potentially effected city(s) and/or town(s) and the county shall: A. Establish an Advisory Project Analysis and Site Evaluation Committee composed of citizen members and government representatives selected to represent a board range of interest groups. The Committee shall develop specific siting criteria for the proposed project and to identify, analyze, and rank potential project sites. In addition the Committee shall establish a reasonable time frame for completion of the task. B. InsLire public involvement through the use of timely press releases, newspaper notices, public information meetings, and public hearings. C. Notify adjacent cities and towns and other governmental entities of the proposed project and solicit review and comment on the recommendations made by the Advisory Project Analysis and Site Evaluation Committee. III. Siting Considerations: In siting of essential public facilities the Advisory Project Analysis and Site Evaluation Committee shall consider at least the following: A. Essential public facilities shall be developed in a timely, orderly, and efficient arrangement and be so located so as to not adversely affect the safety, health or welfare of the citizens residing around or near the facility. B. Essential public facilities sited near public water and sewer services shall be required to utilize such services. C. Essential public facilities sited where public water and sewer services are not immediately available shall be required to be constructed so as to be able to be serviced by public water and sewer services when they are available and, further, the essential public services shall be required to connect to such water and sewer services when they are available. D. Land adjacent to existing and proposed essential public facilities which may be developed in the future shall be compatible with such uses. E. Proposed essential public facilities shall be compatible with existing land uses. F. Adequate fire protection water supplies shall be required in all developing areas where essential public facilities may be sited. G. Undesignated landfills, dredging, waste discharges, and other activities with potential deleterious environmental impacts shall be controlled with appropriate rules and regulations adopted and enforced by the jurisdiction with authority. H. Essential public facilities shall not locate in resource lands or critical areas if incompatible. I. Essential public facilities shall not be located outside of UGA's unless they are self-contained and do not require the extension of urban governmental services. GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 POLICY 4 POLICIES FOR COUNTY -WIDE TRANSPORTATION FACILITIES AND STRATEGIES I. A county -wide transportation plan developed pursuant to the Growth Management Act shall be consistent with the land use elements of the comprehensive plans developed for the jurisdictions within the transportation planning area. II. A county and regional review process shall be established to coordinate transportation programming decisions and to ensure consistency with the regional transportation plan. A. Local six -year programs should identify all regionally significant projects meeting adopted regional criteria. These projects will be submitted to the Quad -County Regional Transportation Planning Organization for certification of consistency with the regional transportation plan. B. Transportation priority programming methods should be required for all jurisdictions. This requirement should apply to the functionally classified roadway system, as well as to transit capital expenditures. Priority programming should be integrated as a standard of good practice. C. Local governments may want to obtain ongoing technical assistance from the state (WSDOT). III. As a component of a county -wide transportation plan, each comprehensive plan adopted pursuant to the Growth Management Act, will contain a transportation element which includes a financial sub -element including: A. A multi -year financing plan; B. An analysis of the jurisdiction's ability to fiind existing or potential transportation improvement which identifies existing sources and new revenue sources which may include impact fees; C. If identified funding falls short, land use assumptions will be reassessed to assure that the level of service standards are being met or are adjusted to be consistent with the land use element. IV. Transportation improvements which are identified in the transportation plan shall be implemented concurrent with new development. Concurrent with development means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. V. The county -wide transportation planning effort should produce a methodology and/or tools for jurisdictions to use in evaluating the impact of development proposals and identifying related transportation improvements. VI. The county -wide transportation plan should address: A. Economic growth. B. Cost-effective accessibility for goods, services and people. C. The quality of life issues. D. Alternatives which will provide convenient and safe access to employment, educational, and recreational opportunities for citizens in both urban and rural environments. E. Transportation improvements necessary to provide for a balanced transportation system that will work effectively and safely over the next twenty years. GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 F. Energy -efficiency in transportation systems. VII. An integrated transportation system is conceived as a cooperatively developed; integrated system of public transportation services, road facilities, transportation system management (TSM)/demand management programs, and land use policy. The integrated system should enhance mobility by providing a range of transportation choices for the public. The transportation plan element shall address air, water and land transportation facilities including but not limited to: A. Airports and airstrips. B. Facilities related to commercial water transportation. C. Major and secondary arterial and collector roadways. D. Transit routes. E. Non -motorized modes of transportation including bikeways, equestrian ways, and pedestrian routes. F. Railroad systems. G. Bridges. H. Truck Routes. VIII. The Transportation Plan element will provide a summary and analysis of planning information including: A. Land use assumptions which provide a summary of the current population, employment by type, recreation, and comprehensive land use designations, and the ratio of single and multi -family units to total housing units. B. Inventory and analysis of existing services and facilities should include: 1. Function and scope of the facility (local/regional). 2. Traffic and volume patterns including peak hour traffic congestion and current capacity. 3. Jurisdiction. 4. Accident problem areas. 5. Geometry and structural adequacy of arterial and collectors. 6. Traffic control devices. 7. Facility specific plans and routes. 8. Origin and destination data and commute distance for the urban area. 9. Methods of evaluating changes. 10. Transit facilities. 11. Environment and geographic limitations in the study area. 12. Demand management (carpools, public transit, etc.) C. Level -of -service (LOS) standards for arterial and collectors. D. An analysis and forecast of future transportation needs including: 1. An issues assessment and prioritization for the study area and for each facility. 2. A forecast of future travel demand for each facility. 3. An analysis of deficient transportation facilities based on adopted LOS standards. 4. An identification of facility expansion needs. Ix. Level -of -service standards for arterial, collectors and transit routes should be coordinated at a county -wide level. GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 8 X. Transportation plans should be designed to have services that are specific to conditions to include growth, employment diversification, environmental quality, mobility needs, and quality of life and the future environment of Grant County. An integrated plan should help support the operations of buses, ride -sharing programs, para-transit, and special services within the region; and coordinate services that link Grant County to other counties. A. Air quality. Jurisdictions should be encouraged to look at a balanced approach to reduce vehicle exhaust emissions as a means of maintaining federal air quality standards. The transportation plan should address means of providing and promoting: 1. Alternatives to the single occupant vehicle. 2. The use of cleaner fuels. 3. Optimum maintenance of individual vehicles. 4. Improved operating efficiency of the transportation system. B. Water quality. Levels of harmful pollutants generated by transportation activities should be minimized and controlled to prevent their entry into surface and ground water resources. C. Fish and Wildlife habitat. Where feasible, fish and wildlife habitat populations should be protected, restored and enhanced within transportation corridors. D. Wetlands. Natural wetlands which are adversely impacted by transportation -related construction, maintenance, and operations activities should be protected, restored, and enhanced in support of federal and state "no net loss" policies. E. Noise control. Strategies should be adopted to minimize noise impacts from transportation systems and facilities. POLICY 5 POLICIES THAT CONSIDER THE NEED FOR AFFORDABLE HOUSING, SUCH AS HOUSING FOR ALL ECONOMIC SEGMENTS OF THE POPULATION I. The housing element of each comprehensive plan shall: A. Provide a range of housing alternatives which takes into account price, tenure type, and density which meet the urban area and regional housing needs. B. Provide for the development of a balanced variety of dwelling unit types and densities within the county with maximum choices of living environment, considering the needs of the public at all economic levels. 1. The development of a balanced variety of dwelling unit types and.densities shall be encouraged. 2. Site constructed and factory manufactured housing shall be recognized as needed and functional housing types. 3. Provisions shall be made for the location of manufactured (mobile) homes in planned manufactured (mobile) home subdivisions and parks, or on single lots when in conformance with standards governing location (on lot) of site constructed housing. C. Provide areas for the location of a variety of residential uses while minimizing the impact on surrounding areas. 1. Plan provisions for the location of high, medium, and low density residential development shall be made within the urban growth area where possible and within or adjacent to existing communities. GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 2. Plan provisions for the location of rural housing shall be made in a manner consistent with preserving agricultural lands and maintaining the rural lifestyles of the county while minimizing conflicts with conunercial agricultural activities. D. Preserve the viability of existing single-family residential areas. l . Existing viable single-family residential areas shall be given sufficient protection to prevent the encroachment of incompatible land uses which may lead to the deterioration of such residential. 2. Rural residential areas located outside of urban growth areas shall be discouraged from becoming urbanized as UGA's. E. E. Promote housing that meets the needs of all socio-economic groups in the county. 1. Develop performance standards governing the placement of manufactured homes. 2. Encourage the rehabilitation of substandard housing. 3. Encourage efforts to renew and rehabilitate as well as maintain existing housing. F. Develop land uses that will preserve and enhance the quality of life and desired lifestyles. 1. Encourage builders and developers to deliver housing with a variety of price ranges, amenities, natural settings, and conveniences. 2. Protect residential neighborhoods from incompatible land uses. a. Maintain natural boundaries (roads, creeks, outcroppings, etc.). b. Cluster developments off main arterial roads with vegetated buffer strips between houses and main roads. 3. Buffer future developments from existing farm activity to minimize nuisances generated by either use. G. Incorporate Washington State Community Housing Affordability Strategy (CHAS) requirements and actively solicit grant monies through FSS, HOPE 1, 2, & 3, CIAP and 5H programs. POLICY 6 POLICIES FOR JOINT COUNTY AND CITY PLANNING WITHIN URBAN GROWTH AREAS I. Zoning, Subdivision Controls, Development and Land Use Compatibility: The zoning and subdivision ordinances and performance standards adopted in the UGA's and the related policy planning measures should be used to implement the provisions of the Growth Management Act and the comprehensive plans of each city, town and county to ensure development and land use which are compatible with surrounding uses and which do not create traffic, safety or health hazards, or undue adverse economic impacts. II. Development of Lands in UGA's: City, town, and county governments shall: A. Encourage the development of lands in the UGA's rather than allow the inappropriate conversion of undeveloped rural lands into urban sprawling, low density development. [RCW 36.70A.020(1) and RCW 36.70A.020(2)]. B. Encourage the development of lands adjacent to the incorporated limits of a city or town prior to developing outlying areas in a UGA. C. Discourage urban encroachment on agricultural areas. GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 10 D. Encourage the determination of land use by the inherent capability of the land to sustain that use without creating problems that require a publicly funded solution. III. Establishment of Zones in UGA's: City, town and county governments shall: A. Encourage the establishment of zones in UGA's which allow a variety of land uses. B. Establish zones in UGA's which discourage lineal or strip development. C. Encourage land uses which require medium size lots or lower intensity usage which will serve as a buffer between rural areas and urban areas. D. Encourage the development of vacant and unused lands within the corporate limits of each city or town. E. Encourage the location of business and industry in clusters where appropriate in or near the towns and cities except where they would cause or allow a public nuisance. F. Encourage city services be extended to areas adjacent to cities prior to serving outlying areas. IV. Community Councils and Special Purpose Districts: Established community councils of unincorporated urbanized areas and all special purpose districts should be made aware of and encouraged to comment on developments proposed within or adjacent to the urbanized area in which they reside. V. Agreement Between Cities, Towns, Established Community Councils in Urbanized Areas and the County: A. Since each individual municipality within Grant County is unique in its needs, situations, services and interests, and each is unique in population and geographic characteristics, each community will negotiate joint city and county planning procedures and policies on an individual basis. Each municipality should meet with the county individually, at a time coinciding with the establishment of the UGA's. B. Agreements, which include joint development standards between cities, towns, established community councils in urbanized areas, and the county should be established. These agreements shall coordinate land use planning and decision making within UGA's. VI. Expansion of UGA's: Cities, towns and the county shall: A. Require that any expansion of .a UGA be negotiated between the city or cities within the UGA and the county, with direct notice to affected landowners (pursuant to RCW 3 6.70A. 140). B. Allow the inclusion of agricultural lands in a UGA after it has been determined that all other lands have been developed and that the agricultural lands to be added are marginal and do not possess prime and unique farmland soils as defined by the United States Soil Conservation Service, unless prime and unique farmlands are all that is available to that city or town. POLICY 7 POLICY FOR COUNTY -WIDE ECONOMIC DEVELOPMENT AND EMPLOYMENT I. To encourage, strengthen, sustain, and diversify the County's economic base. A. Emphasis on the County's stable agricultural base shall be maintained, and protected. GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 11 B. That development be encouraged by seeking and providing incentives to environmentally acceptable industries. II. Encourage Grant County's economic base instituting plans to promote employment opportunities. A. Emphasis should be given to promote the processing of locally produced goods, and the value added industries related to our existing ag-related base. B. Stabilize the work force by seeking industries that provide employment on a year-round basis and operate on multiple shifts. C. Emphasize strong County -wide economic development promotion to attract new business and industry investments to Grant County through a pro -active marketing strategy. D. To encourage community leadership involvement in the strategic planning process that facilitates the development of sound capital, social and human infrastructures that are conducive to and fosters an environment that attracts and enables new and existing business to grow and thrive. III. Encourage a diversity of industrial development. A. Examine alternative industry that in the past have chose not to locate in -our economic circle. B. Utilize economic development, and commerce organizations expertise to enhance goals. C. Concentrate maximum efforts on the strengths of existing industrial park developments. D. Support and maintain capital improvement projects for utilities and services to existing and proposed industrial park site development. E. Target proposed industrial parks in, or as near to, existing or planned utility services as identified by the joint urban growth boundary designations of the comprehensive plan. F. To encourage the development of local programs (County and City) that provide incentives to environmentally acceptable industries. G. That new development be encouraged which provides the most positive overall impact on the environment, quality of life and services within Grant County. H. Encourage each community to develop their own Community Development Task Force/Response Team. This team would be a cross-section of local business, agencies and community leaders organized for the purpose of bringing together stronger planning and communication links concerning current and future community needs, schools, housing, sewer, water, and other infrastructure needs. Each Task force should develop an economic development marketing profile based on a comprehensive assessment of it's strengths and weaknesses and. the type of industry it can realistically expect to attract. IV. Direct commercial activity towards existing and proposed regional and local transportation access. A. Encourage commercial, and industrial distribution centers at highway interchanges serving the urban areas. B. Maximize the extent of existing industrial, and commercially zoned property. C. Encourage the development of commercial centers, where the need has been established, and/or where future planning consistent with the comprehensive plan has them established. GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 12 V. Emphasize recreational and tourism as an alternate source of revenue, and economic impact for Grant County and its municipalities. POLICY S AN ANALYSIS OF THE FISCAL IMPACT I. Fiscal Impact A. In order to ensure that our county -wide policies and future individual growth plans and capital facilities funding programs adequately address cumulative potential impacts on the revenues of local government, a joint fiscal impact study should be conducted, focusing on: l . Capital facility debt financing capabilities and burdens of the individual local governments, and the options and potential for sharing debt capacity and responsibility for capital facility financing among and between local governments, special purpose districts, and the private sector; 2. The structure of revenues that operate local government and the potential for new revenues or an alternate system of distributing existing funds. II. Impact Fees A. Each jurisdiction is encouraged to adopt fair and reasonable impact fee ordinances to ensure that new growth pays its fair share of the cost of capital facilities, such as transportation improvements, parks, and schools. POLICY 9 PROVISIONS FOR THE REVIEW OF NEW FULLY CONTAINED COMMUNITIES, MASTER PLANNED RESORTS AND RECREATIONAL TYPE DEVELOPMENT IMPACTS I. Fully contained Communities A. A county required or choosing to plan under RCW 36.70A.040 may establish a process as part of its urban growth areas, that is designated under RCW 36.70A.110, for reviewing proposals to authorize new fully contained communities located outside of the initially designated urban growth area. 1. A new fully contained community may be approved in a county planning under this chapter if criteria including but not limited to the following are met a. New infrastructure is provided for and impact fees are established consistent with the requirements of RCW 82.02.050; b. Transit -oriented site planning and traffic demand management programs are implemented; C. Buffers are provided between the new fully contained communities and adjacent urban development; d. A mix of uses is provided to offer jobs, housing, and services to residents of the new community; e. Affordable housing is provided within the new community for a broad range of income levels; f. Environmental protection has been addressed and provided for; g. Development regulations are established to ensure urban growth will not occur in adjacent non -urban area; h. Provision is made to mitigate impacts on designated agricultural lands, forest lands, and mineral resource lands; GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 13 i. The plan for the new fully contained community is consistent with the development regulations established for the protection of critical areas by the county pursuant to RCW 3 6.70A.170. 2. New fully contained communities may be approved outside established urban growth areas only if a county reserves a portion of the twenty-year population projection and offsets the urban growth area accordingly for allocation to new fully contained communities that meet the requirements of this chapter. Any county electing to establish a new community reserve shall do so no more often that once every five years as a part of the designation or review of urban growth areas required by this chapter. The new community reserve shall be allocated on a project -by -project basis, only after specific project approval procedures have been adopted pursuant to this chapter as a development regulation. When a new community reserve is established, urban growth areas designated pursuant to this chapter shall accommodate the unreserved portion of the twenty-year population projection. Final approval of an application for a new fully contained community shall be considered an adopted amendment to the comprehensive plan prepared pursuant to RCW 3 6.70A.070 designating the new fully contained community as an urban growth area: II. Master Planned Resort A. Counties that are required or choose to plan under RCW 36.70A.040 may permit master planned resorts which may constitute urban growth outside of urban growth areas as limited by this section. A master planned resort means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor outdoor recreational facilities. A master planned resort may include other residential uses within its boundaries, but only if the residential uses are integrated into and support the on -site recreational nature of the resort. A master planned resort may be authorized by county only it: 1. The comprehensive plan specifically identifies policies to guide the development of master planned resorts; 2. The comprehensive plan and development regulations include restrictions that preclude new urban or suburban land uses in the vicinity of the master planned resort, except in areas otherwise designated for urban growth under RCW 3 6.70A.110; 3. The county includes a finding as a part of the approval process that the land is better suited, and has more long-term importance, for the master planned resort than for the commercial harvesting of timber or agricultural production, if located on land that otherwise would be designated as forest land or agricultural land under RCW 36.70A.170; 4. The county ensures that the resort plan is consistent with the development regulations established for critical areas; and 5. On -site and off -site infrastructure impacts are fully considered and mitigated. POLICY 10 MONITORING, REVIEW AND AMENDMENT OF COUNTY -WIDE PLANNING POLICIES I. Throughout the ongoing planning process Grant County or any city or town within Grant County may request that the Grant County Planned Growth Committee reconvene to discuss problems or concerns regarding specific policies as they may relate to the development, implementation; management, or amendment of the county's or any city's or town's comprehensive plan. The committee shall meet twice per year to consider the requests. GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 14 POLICY 11 POLICIES REGARDING DIVISION, ALLOCATION AND DISTRIBUTION OF GROWTH MANAGEMENT FUNDS/COUNTY - CITIES MEMORANDUM OF AGREEMENT ADOPTING METHOD FOR DISTRIBUTION OF STATE GROWTH MANAGEMENT FUNDS ALLOCATED TO GRANT COUNTY BY THE WASHINGTON STATE DEPARTMENT OF COMMUNITY DEVELOPMENT I. RECITALS. A. Pursuant to the Growth Management Act of 1990 (hereinafter the "Act") and its 1991 amendments contained in ReESHB 1025, Grant County and the cities within Grant County have established an inter -governmental committee entitled the "Grant County Planned Growth Committee: (hereinafter the "Committee") for the purpose of implementing the requirement of the County - Wide Planning Policies required by ReESHB 1025, Section 2 and subsequent adoption of individual comprehensive plans. B. The Committee is comprised of representatives from the County and each of the participating cities and towns. C. The Act provides that State fiends be made available to counties and cities/towns through the Department of Community Development (hereinafter "DCD") to assist them in meeting the requirements of the Act. The Committee's information received by the State DCD indicates that an initial allocation of One Hundred Thousand ($100,000) Dollars will be distributed to each County with an additional per capita allocation. The purpose of this memorandum of agreement is to memorialize the Committee's agreement as to the method by which these State fiends will be divided amongst the parties hereto. II. PARTIES. The parties to this agreement include the three Commissioner Districts of Grant County and the following cities and towns: Moses Lake, Ephrata, Soap Lake, Quincy, Royal City, Grand Coulee, Coulee City, Mattawa, Electric City, Krupp, Wilson Creek, Coulee Dam, Hartline Warden, and George. III. DEFINITIONS. A. "BASE" allocation means the lump sum amount of One Hundred Thousand ($100,000) Dollars expected to be distributed to the County by the State DCD. B. "PER CAPITA" allocation means the additional amount per capita amount that will be distributed to the County by the State DCD. C. "PER CAPITA POPULATION FIGURES" shall mean those most recent population figures established through the Washington State Office of Financial Management (hereinafter "OFM"). IV. AGREEMENT The Parties adopt the following procedure and methodology for dividing amongst them all future State Growth Management funds allocated through DCD: All "base" allocations will be divided equally amongst all parties, and all "per capita" allocations will be divided amongst the parties on a per capita population basis. The population figures used shall be derived from the OFM's population figures and shall be amended as necessary to reflect the most current OFM population figures available. V . TERM GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 15 This agreement shall continue to have full force and effect and shall be binding upon all parties for as long as State funds and/or grants are available to assist Counties and Cities/Towns in their efforts to comply with the Act, as now enacted or hereafter amended. [SEE ATTACHMENT FOR SIGNATURES] POLICY 12 DEVELOPMENT OF SPECIAL-PURPOSE DISTRICTS AND POLICIES AND RELATIONSHIP WITH SPECIAL-PURPOSE DISTRICTS, i.e., SCHOOL DISTRICTS, HOSPITAL DISTRICTS, FIRE DISTRICTS, ETC. [Incorporated within Policy 6] POLICY 13 POLICIES TO PERMIT FLEXIBILITY WITHIN LOCAL POLICY PROCEDURE It is understood that these policies are meant as general framework guidelines for the county and each municipality, however flexibility must be maintained in order to adapt to different needs and conditions. [ADOPTED AS THE PREAMBLE TO THE COUNTY -WIDE PLANNING POLICIES IN LIEU OF POLICY #13.] POLICY 14 POPULATION FORECAST DISTRIBUTION I. County -wide projected population shall be allocated among jurisdictions through the combined application use of the following factors applied to each jurisdiction: A. Documented historical growth rates over the last decade, the last two (2) decades, and the last two (2) years. B. Developing or current planning programs which a jurisdiction has, and which identify quantitative increases in business and industry development, and housing construction activity. C. Intangibles. Formally ratified this day of , 2002, Grant County Commissioners NOTE: The 2002 Amendment and 2009 Update were not adopted by the Grant County Planned Growth Committee and are not adopted by reference in Section 2.1 of the Annexation and Development Agreement. GRANT COUNTY - 5/6/93 Amended March 27, 2002 and Updated in 2009 16