HomeMy WebLinkAboutResolution 19-048-CCK19-077
BOARD OF COUNTY COMMISSIONERS GRANT
COUNTY, WASHINGTON
RESOLUTION NO. I � - 0V Y-- e,(:�
Development Agreement by and between Grant County
and
Ronald L. Kreaer
a,
THIS DEVELOPMENT AGREEMENT is made and entered into this '/
day of I u ti, E , 2019, between Grant County, Washington (hereinafter "Grant
County" or "County") and Ronald L. Kreger (hereinafter "Owner').
RECITALS
1. Grant County Code (GCC) 25.28 authorizes the execution of a development
agreement between the County and a person having ownership or control of real
property within its jurisdiction.
2. GCC 25.28 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, building/structure sizes, building/structure setbacks,
and other appropriate development regulations as allowable in GCC 25.28.020.
4. This Development Agreement by and between Grant County and the Owner
(hereinafter the "Development Agreement") relates to certain existing
improvements on property belonging to the Owner identified as Lot 1, Sunland
Estates Div. 2 Replat #1 (AFN 1104300). Further identified as assessor Parcel
Number 05-0589-025 and with a situs address of 771 Chukar Place SW, Quincy,
WA 98848.
5. The subject property was involved in a fire incident in 2015 that required the
removal of certain features from the site that established a pre-existing
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development pattern.
6. The Owner sought all necessary building permits for the reconstruction of the
store within one-year of the fire incident to allow the reconstruction of the store
in its original footprint. Permits for a privacy wall and walk-in cooler were not
obtained prior to construction.
5. After a public hearing as required by GCC 25.28, by Resolution No. 0 cc,
the Grant County Board of County Commissioners approved this Development
Agreement with the Owner.
AGREEMENT
The County and the Owner mutually agree as follows:
General Provisions
Section 1. The Project. Construction on the property has occurred prior to the
acquisition of certain required permits and approvals. The construction subject to this
agreement includes, and is limited to, the following:
A walk-in cooler located on the north wall of the existing store/restaurant.
The cooler is situated within the 20 -foot setback as required in the Rural
General Commercial zone.
2. A wall has been constructed along the north and east property line that is
located within the required 10 -foot setback. The wall exceeds the height
limitations of GCC 23.08.020 and measures between 8 and 10 feet in overall
height.
Section 2. The Subject Property. The Subject Property 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 Administrative Official as defined by Grant
County Code.
3.2. "Adopting Resolution" means the Resolution which approves this
Development Agreement, as required by RCW 36.70B and GCC 25.28.
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3.3. "Board" means the Grant County Board of County Commissioners.
3.4 "Certificate of occupancy" means either a certificate issued after
inspections by the County authorizing a person(s) in possession of property to use a
specified building, 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 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
Exhibit A — Legal Description and Replat Map;
Exhibit B — Building Official's Letter of Review;
Section 5 Parties to Development Agreement. The parties to this Development
Agreement are:
5.1 The "County" is Grant County.
5.2 The "Owner" is a private individual who owns the Subject Property in fee, and
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whose name and address are
Ronald L. Kreger
771 Chukar Place SW
Quincy, WA 98848
5.3 In the event the "Owner' sells the Subject Property, this Development
Agreement shall remain in full effect, running with the land, and all obligations may be
transferred to any party who purchases the 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.
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 three (3) years, with no further extensions or
modifications allowed.
Section 8. Vested Rights of Owner. 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, Owner is assured, and the County
agrees, that the development rights, obligations, terms and conditions specified in this
Development Agreement, are fully vested in the Owner 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 Owner is required to
complete their existing building permit application review process as set forth in Building
Official's letter of review contained in Exhibit B. This Development Agreement applies
exclusively and solely to the privacy wall constructed on the north and east property lines
as well as a walk-in cooler attached to the exterior of the principle structures north wall
between the building and the aforementioned privacy wall. Once permitted, the privacy
wall and walk-in cooler may be preserved in situ, with no expansion of their height,
footprint or other dimensional characteristics considered or allowed by Grant County.
Section 10. Fees. The Owner is responsible for paying for all necessary fees associated
with the permits for the privacy wall and walk-in cooler. Because the structures were
constructed without prior permit approval, the permit fee (not including the plan review
fee) will be doubled as required by the Grant County Building Department fee schedule.
Section 11. Default.
11.1 Failure or delay by either party not released from this Development
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Grant Co, WA
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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 not less than thirty (30) days' notice in writing, specifying the
nature of the alleged default and manner in which said default may be cured. During this
thirty (30) day period, the party charged shall not be considered in default for purposes
of termination or institution of legal proceedings.
11.2 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 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.
Section 12. Termination. This Development Agreement shall terminate upon the
expiration of the term identified in Section 7 or when the construction activities
associated with the privacy wall and walk-in cooler have been completed and have
successfully obtained all required inspections. This Development Agreement shall
automatically terminate and be of no further force and effect.
Section 13 Effect of Termination on Owner Obligations. Termination of this
Development Agreement as to the Owner of the subject Property or any portion thereof
shall not affect any of the Developer's obligations to comply with the County
Comprehensive Plan , zoning codes, and building codes.
Section 14. Effect of Termination on County. Upon termination of this Development
Agreement as to the Owner 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 15. Assignment and Assumption. The Owner shall have the right to sell,
assign or transfer this Development Agreement with all their rights, title and interests
therein to any person, firm or corporation at any time during the term of this
Development Agreement. Owner shall provide the County with written notice of any
intent to sell, assign, or transfer all or a portion of the Subject Properly, at least 30
days in advance of such action.
Section 16 Amendments to Development Agreement: There shall be no further
modifications to this agreement, except in the case where an immediate threat to the
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public health, safety and welfare is discovered and requires an amendment. Authority to
amend this Development Agreement rests solely and exclusively with the Grant County
Board of County Commissioners.
Section 17. Releases. Owner 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 18. 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 Section 5. Notice to the County shall be to the
attention of the 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 19. Development Agreement to be recorded: Owner agrees to
record this Development Agreement with the Grant County
Auditor's Office at Owner's expense.
Section 20. 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 21. 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.
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Section 22. 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 23. Entire Agreement. This agreement represents the whole and complete
agreement and no other agreements expressed or implied.
Section 24. 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 shall not be cause for this Development
Agreement to be construed against any party nor in favor of any party.
IN WITNESS WHEREOF, the parties hereto have caused this Development
Agreement to be executed as of the dates set forth below.-
OWNER:
elow:
OWNER:
Ronald L. Kreger
By
Ronald L. Kreger
State of Washington
County of Grant
certify that I know or have satisfactory evidence that Ronald L. Kreger signed this
instrument, on oath that he was authorized to execute the instrument and acknowledged it
as the Owner, to be a free and voluntary act of such party for and purposes mentioned in
this instrument.
Dated: Z , 20
Notary Public
State of Washington
DORIS L. LONG
MY COMMISSION EXPIRES
MAY 15, 2022
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KREGER - CAPTAIN RON'S STORE
Notary Public
Residing at EyoLvZt1a F n
My Commiss�ic n Expires/5 - C,2�2-
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GRANT COUNTY BOARD OF COUNTY COMMISSIONERS:
Passed by the Board of County Commissioners in regular session at Ephrata,
Washington, by the following vote, then signed Py its mem ership and attested to by its
Clerk in authorization of such passages this- day of 20-a.
Yea Nay Abstain
0 ❑ ❑
Ii ❑ ❑
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Cindy Ca
�L/I i A _. _.
Z" ❑ ❑ Richard Stevens, Member
ATTEST:
�a atiara J. V'c{ e
�--perk of the Boar
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SUNLAN
LOTS 27 MK
EXHIBIT "A"
LEGAL DESCRIPTION
"LOT 1 SUNLAND ESTATES DIV 2 REPLAT #1"
1 ESTATES DIVISION NO . 2 ,REPLAT # 1�::�..�.•a:
26, BLOCK 7, SUNLAND ESTATES DIVISION NO. 2. IN THE NORTHEAST QUARTER
OF THE SOUTHEAST STARTEROF SECTION 1, TOWNSHIP 1NORTH,
RANGE 22 EAST, M.M., GRANT COUNTY, WASHINGTON N
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APPROVALS:
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EXHIBIT "B"
Letter of Review
Applicant:
Ronald Kreger
25103 Wanapum DR SW
Quincy, WA 98848
Application:
BF 19-0027: Application to construct wall to create Assembly eating area w/ fixed seating
BF 19-0028: Application for walk-in Cooler and walk-in Freezer
Submitted for Review:
Site Plan prepared by Quantum consulting engineers dated 5/2/2019
Wall construction details/design by Quantum -John Henry Wiggins III
Floor layout of Assembly seating area and store floor plan
Cooler surface burning characteristics label
Cooler specs for prescriptive compliance values (R-25)
Additional Requirements for approval:
1. Walk -In Cooler/Freezer
a. Provide manufacturers specifications for installation and performance ratings
b. Coolers/Freezers must be compliant with WSECC C410.2 Walk-in Coolers
i. Doors must have automatic closers.
ii. Door openings shall have strip doors/curtains/spring hinged doors or other
method of minimizing infiltration when doors are open.
iii. Walk-in coolers must have R-25 wall, ceiling and door assembly's
iv. Walk-in freezers shall contain wall, ceiling and door insulation not less than R-32
v. Walk-in freezers shall have floor insulation not less than R-28
vi. Lights in walk-in coolers shall have an efficacy of not less than 40 lumens per
watt, in conjunction with a device that turns off the lights within 15 minutes when
the space is not occupied.
2. Assembly Wall:
a. Provide engineers approval that is specific to the as built structural design/build of the
wall. This will include the elevation of grade on both the inside and outside of the wall,
and surcharges associated with the grade level on the inside being supported by the wall
and footing below.
b. All means of egress components shall be Accessible. This shall include the means of
egress out the assembly courtyard past the fuel tanks to the public way.
Please contact this office with any questions about this review.
Brock Laughlin
Building Official
Grant County Development Services
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Return to:
Name: ����� t (c�c�Pc� , ��v� wP�•-c �, Sic
Address: P - 0 Gc�( 3-7
City, State: Epi e,,-tA, , V-..-.
Document Title 11DW--V C- t,oPM e&-) i
Reference Number:
(Reference Number only required on Satisfaction of Mortgages and/or Deed of Trusts; Release of Liens and Assignment of
Mortgages and/or Deed of Trusts)
Grantor(s):
2.
3.
5. Additional grantees on page
Grantee(s):
1. cZoi`'o.t.� tLtiZE4 G c�-
2.
5. Additional grantees on page
Legal Description (lot, block and plat name or section, township & range.):
1. (_O \ 1 �i� t..4t�7 �S ���� pCV 15�0.1� Nom• Z {2��.4 '�" I
2.
3.
4. Additional legal descriptions on page
Assessor's Property Parcel Number:
1.
2.
3.
4. Additional parcel numbers on page
The Auditor's Office will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provide hereon.
June 4, 2019
Brian Vance
Richland Operations Office Manager
Department of Energy - RL
P.O. Box 550
Richland, WA. 99352
Mr. Vance:
GRANT COUNTY
OFFICE OF THE
BOARD OF COUNTY COMMISSIONERS
P ❑ Box 37
EPHRATA WA 9BB23
(509) 754-201 1
The Grant County Board of Commissioners (Board) write in opposition of the U.S. Department
of Energy's plan to "reinterpret" the classification of 56 million gallons of toxic, radioactive
Waste at Hanford, WA.
We are aware of the high-level radioactive waste in 177 underground waste tanks and of the
significant amount of waste within the soil across the Hanford Reservation. The Board agrees
with Washington State Governor Jay Inslee and his recent announcement that leaving this waste
in the storage tanks would be unacceptable, especially to those living in close proximity to the
potential hazards from the radioactive releases. Grant County, directly across the Columbia River
from the Hanford Reservation, is strongly focused on activities at Hanford that could impose
risks to our citizen's health and farming economy.
Grant County has accepted and supported the national security responsibilities that were behind
nearly 60 years of operations at Hanford and we must now ensure that the long-term health and
safety of Central Washington is met by a strong commitment to effectively handle radioactive
products at this juncture in Hanford's operations.
We appreciate the Emergency Management exercises that are held and are grateful for our
Hanford Advisory Board representative that keeps us apprised of important information. It is
clear that DOE has confidence in you to accomplish the difficult tasks you now face in your new
position. Thank you for your continued work on this project.
Richard Stevens Tom Taylor Cindy Carter
District 1 District 2 District 3
"TD MEET CURRENT AND FUTURE NEEDS, SERVING TOGETHER WITH PUBLIC AND PRIVATE ENTITIES, WHILE FOSTERING
A RESPECTFUL AND SUCCESSFUL WORK ENVIRONMENT."
Department of Energy / Hanford
Page 2
Sincerely,
BOARD OF COUNTY COMMISSIONERS
Tom Taylor, Chai Cindy Car6
bjv
Cc: Gary Gamant, Hanford Advisory Board
.e