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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 1311838 02/01/2013 10:07 AM RESOL Pape 1 of 12 R 83.00 Grant Co, VA PLRNNING DEPARTMENT 111111111110111111111111111111 mIIIVIVIIgIIV1VIVI1111VIIIIMBlImpIIVQ 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 1311838 02/01/2013 10:07 AM RESOL Page 2 of 12 R 83.00 Grant Co, UA PLANNING DEPARTMENT �D�����������������������������������II�II ��������������II�����W�����������111II����111111111111IPage 2 of 11 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 1311838 02/01/2013 10:07 RM RESOL Page 3of 12 R 83.00 Grant Co, WA PLANNING DEPARTMENT 111II111111II����1111II7111�11I1W1111111II1H1Page Sof 11 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. 1311838 02/01/2013 10:07 AM RESOL Pan 4 of 12 R 83.00 Grant Co, WA PL NNING DEPARTMENT 1111111111 HE 1111111111QIIIHI 1111111111111111q111111111111141111111111111`11111iluIN IN. Page 4 of 11 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 1311838 02/01/2013 10:07 AM RESOL Paug1NNtlINGfOEPRR83.00 Grant Co, UA 11111111II11�111111111111111II1TIIENTW�1111111tl11111ll 111111111111111 IN IN Pages of 11 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. 13L11838 02/01/2013 10:07 AM RESOL PLNNNINGfDEPRHTNENTB3.00oGrant Co, WA 11111111111111111111111111111111111111111111111 111 NIu11111111IN IN Page 6 of 71 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, 1311838 02/01/2013 10:07 AM RESOL PaRe 7 of 12 R 83-00 Grant Co, WA PL NNING DEPARTMENT 11111111111111111 IN 1111111111111111111111111111 I���IU111111IW1HqII11111111111111111111 IN IN Pagel of 77 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 1311838 02/01/2013 10:07 AM RESOL Pa&NeN8 of 12 R 83.00 Grant Co, WA PL ING DEPARTMENT 11111111111111111 II��IIIIII11'1II1II1'tlII11I1I1111II�1II11II111Iu11111I11111I11111 INl1Page 8 of 11 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 1311838 02/01/2013 10:07 AM RESOL Page 9 of 12 R 83.00 Grant Co, WA PL NNING DEPARTMENT 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 IN IN Page 9 of 11 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�.. 1313838 02/01/2013 10:07 AM RESOL Page 10 of 12 R 83.00 Grant Co, UA PL PNNINC DEPARTMENT 1111111111111111111111 SII 1111111111111111111111111111 IN 111111111111111111111111111111111111111 II II IN Page 10 of 11 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 1311838 02/01/2013 10:07 AN RESOL Page 11 of 12 R 83.00 Grant Co, UA PLANNING DEPARTMENT iuiimuu11moiiiMmivam11m111ii111umiiu1111ii1i��iii�i�u�imiiii Page 11 of 11 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 1311838 02/01/2013 10:07 AM RESOL aega 12 or 12 R 83.00 Grant co, va PLRNNING DEPARTMENT 111111111111111111111111111111111111111111111111111 IN 1111 HE 1111111111111111111111111111111 IN