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HomeMy WebLinkAbout2860 Resolution RESOLUTION NO.�ieO A RESOLUTION APPROVING A MODIFICATION TO THE PRELIMINARY PLAT FOR COLLEGE VIEW HEIGHTS TO DESIGNATE ALL STREETS WITHIN THE PLAT AS PRIVATE STREETS. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS,owners and developers of property situated in the southeast quarter of Section 24, Township 9 North, Range 29 East, W.M. have requested approval of a modification to a previously approved preliminary plat; and, WHEREAS,the Planning Commission has reviewed the modification of said preliminary plat; and WHEREAS, following a public hearing, the Planning Commission found the proposed plat modification promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for College View Heights approved by Resolution No. 2707 and located in the southeast quarter of Section 24, Township 9 North, Range 29 East W.M., is hereby modified to permit all streets within the plat to be private streets with the following condition: 1) The property owner(s) shall enter into a developer agreement, a copy of which is attached to and incorporated into this resolution (see Exhibit #1), with the City prior to final plat approval binding the owner(s) to maintain all private streets in a manner equal to City street maintenance standards. Passed by the City Council of the City of Pasco this 6`h day of December, 2004. ichael L. a son Mayor ATTEST: APP S TO FORM: Sandy L. enworthy Leland B. Kerr Deputy City Clerk City Attorney Recording Requested By: ]. City of Pasco, Washington EXHIBIT # When Recorded, Mail To: City of Pasco P.O. Box 293 Pasco, WA 99301 (Space Above This Line for Recorder's Use Only) DEVELOPER'S AGREEMENT On the_day of November 2004, the City of Pasco, Washington, (hereinafter referred to as "City"), Pasco Vineyards Associates, a Washington L.P. (hereinafter referred to as "Developer") and Alliant Tax Credit 31, Inc., a Florida corporation ("Alliant") enter into the following Agreement: 1. The Developer owns the following property in the City of Pasco, Washington: College View Heights Subdivision and legally described in Exhibit A. The Developer has submitted a request to amend the preliminary plat for the College View Heights Subdivision which was approved (the"Plat") to provide that all streets shown on the Plat will be and remain privately owned and maintained until such time as any of lots 1-46 in the subdivision is to be sold to any owner other than an owner holding title to the remaining 45 lots. Developer is currently developing and building 23 duplexes comprising 46 three and four bedroom housing units and one community building, all of which are to be held under common ownership (the "Development"). DEVELOPMENT AGREEMENT-PASCO VINEYARDS ASSOCIATES PAGE 1 OF 9 1 j i 2. All Development costs (including, without limitation, the costs of all streets, water mains, sewer mains, storm drain facilities, curb, gutters and sidewalks) shall be paid by the Developer without right of contribution or reimbursement from the City. 3. Development of the property shall at all times strictly conform to all applicable provisions of the City's comprehensive plan, zoning ordinances and other applicable laws, rules and regulations of any governmental entity having jurisdiction or control over any part or stage of the Development. In particular, even with respect to improvements as to which Developer shall maintain private ownership, the Developer must abide by the City's performance standards in its construction and building of the roads, water system, sanitary sewer system, storm water system and fire protection system. The Developer must comply in full with this Agreement. 4. Potable Water, Sanitary Sewer and Storm Sewer Utilities: The Developer shall install the potable water, sanitary sewer and storm sewer utilities located within the street right-of-ways within Developer's property(the "Utilities") as they have been previously engineered and approved by Developer's licensed project engineer and the City. The project engineer shall inspect the Utilities during the course of construction and shall ensure that they are built per plans, specs and City performance standards. All utility components shall, at a minimum, be inspected "in place"before covering them over with fill. S. Fire Hydrants: Fire hydrants must be installed according to the plans previously engineered and approved by Developer's licensed project DEVELOPMENT AGREEMENT-PASCO VINEYARDS ASSOCIATES PAGE 2 OF 4 engineer and the City. The project engineer shall inspect the fire hydrants during the course of construction and shall ensure that they are built per plans, specs and City performance standards. After installation, the City must approve the construction. the developer shall pay the City to prepare utility as-built drawings. 6. Streets: The construction of all streets, curbs, gutters and sidewalks shown on the Plat within the Development must comply with City Standards and be constructed as they have been previously engineered and approved by Developer's licensed project engineer and the City. The project engineer shall inspect the streets during the course of construction and shall ensure that they are built per plans, specs and City performance standards. Developer shall install a private road sign at the entrance of each street from the public roadways. 7. Ownership: Ownership of, the Streets shall vest and remain in the Developer. The developer shall provide a 20 foot utility and access easement for maintenance of all public utilities. Developer may not sell, convey or alienate any lot or property in the Development without first dedicating the streets to the City. It is understood and expressly agreed that the City shall not accept such dedication and thus shall not allow alienation of any portion of the Development unless Developer or its successors, within six months of dedication, complete the following: a) Repair and prep the street paving as necessary and install a two-inch paving overlay on all streets to be dedicated; DEVELOPMENT AGREEMENT-PASCO VINEYARDS ASSOCIATES PAGE 3 OF 9 b) Repair, restore or replace as necessary curbs, gutters, sidewalks or signage; and, C) Replace the private roadway sign with a public street name sign. 8. Maintenance of Improvements: a) The Developer shall be solely responsible for and shall pay all costs of maintaining all streets, street lights, sidewalks and storm water facilities. The Developer shall insure that residents in the Development keep the Development free of debris and trash. b) Developer shall adhere to the following minimum maintenance requirements: a. The streets shall be swept at least monthly; b. Pot holes shall be repaired immediately unless prohibited by weather; c. Cracks in paving shall be sealed as necessary; d. Paving overlay or seal shall be applied as reasonably necessary; c. Damaged or destroyed signage shall be promptly repaired or replaced; f. Pavement striping shall be provided at Developer's sole expense and shall be maintained or replaced so as to remain reasonably visible at all times; g. Storm drains shall be cleaned at least once annually and at any time when blockage or obstructions occur; DEVELOPMENT AGREEMENT-PASCO VINEYARDS ASSOCIATES PAGE 4 OF 9 h. Storm drains and gutters shall be constructed and maintained in such a manner that all storm water from the Development shall be maintained on-site and all water from the public streets shall be blocked from entering into the private streets; i. Damaged, displaced or destroyed sidewalk areas shall be repaired or replaced as necessary to keep the walks in a safe condition; and, j. All other repairs, replacements or modifications necessary to maintain the Improvements, or any of them, in a safe and operable condition shall be undertaken in a timely manner. 9. Water and Sewer Connection Fees: The Developer must pay all applicable water and sewer connection fees for each building. 10. Term of Agreement: Construction of the Improvements must be completed within two years of this Agreement and, in any event, prior to the issuance of any occupancy permits. 11. Maintenance Enforcement and Financial Security Guaranty: a) As security for the performance by the Developer of the Developer's maintenance obligations pursuant to and in accordance with this Agreement, the Developer shall, prior to the issuance of occupancy permits, deposit with Alliant, with a copy to the City, a maintenance bond in favor of Alliant in an amount equal to 10% of the actual costs of constructing the Improvements required per this Agreement and DEVELOPMENT AGREEMENT-PASCO VINEYARDS ASSOCIATES PAGE 5 OF 9 shall maintain such bond for two years following completion of the Improvements. b) Alliant shall have and hereby accepts the following rights and duties with respect to enforcement of Developer's maintenance obligations under¶ 8(b), above (the "Maintenance Obligations"): i. Alliant shall at least annually inspect the development to ensure that Developer has complied and is continuing to comply with the Maintenance Obligations; ii. Alliant shall notify Developer in writing of any deficiencies in fulfilling the Maintenance Obligations and Developer shall cure any deficiencies within 30 days of notice; and, iii. If Developer fails to timely cure deficiencies in performing its Maintenance Obligations, Alliant shall have the right to proceed to cure such deficiencies and to either collect the cost of such remediation from Developer or, at its options, to collect against the maintenance bond. C) In the event that the City receives a complaint regarding the failure of the Developer to comply with any of the Maintenance Obligations, City shall have the right, but not the obligation, to notify Developer of that complaint and alleged deficiency. If City does give notice to Developer as DEVELOPMENT AGREEMENT-PASCO VINEYARDS ASSOCIATES PAGE 6 OF 9 set forth in the preceding paragraph, Developer shall correct any deficiencies that exist within 30 days of receipt of such notice and,with respect to deficiencies relating to any of subparagraphs 8 (a), (b), (c), (e) or(g), shall make such corrections within seven days of receipt of such notice. d) In the event the developer fails to fulfill Maintenance Obligations as required herein the City reserves the right to compel the developer to implement Maintenance Obligations through Code Enforcement procedures of Pasco Municipal Code Title 11. 12. The parties agree that the relationship created by this Agreement is solely that of a private Developer and the City. Nothing in this Agreement shall create the Developer, Alliant or City as an agent, employer, employee, legal representative,partner or subsidiary of any of the others. 13. Time is of the essence in performance of each term of this Agreement. 14. This Agreement may only be modified in writing. 15. The failure of any party to insist upon strict performance of any term of this Agreement shall not be construed to be a waiver of any term of this Agreement. All terms of this Agreement shall remain in full force and effect. 16. All notice must be in writing, mailed in the U.S. Mail via certified mail to the addresses indicated on this Agreement. DEVELOPMENT AGREEMENT-PASCO VINEYARDS ASSOCIATES PAGE 7 OF 9 17. This Agreement shall be construed and enforced pursuant to the laws of the State of Washington. 18. If any party shall bring suit against the other party to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs. 19. If any term of this Agreement is declared invalid, illegal or unenforceable, the remainder of this Agreement shall remain operative and binding. 20. The Developer agrees and does hereby hold harmless and indemnify the City and all of its officials, officers, employees, agents, engineers and attorneys from any and all claims, cost and liability of every kind and nature that may be asserted at any time against such parties for injury or damage received or sustained by any person or entity in connection in any way with the City's review and approval of any plans for the Improvements; the issuance of any approval or acceptance of the Improvements; the development, construction,maintenance and use of the Improvements; the Development or its development, construction or operation; or the performance by the Developer of its obligations under this Agreement. 21. This Agreement shall be signed in duplicate originals. Each party shall receive one original of this Agreement. 22. The City shall have this Agreement recorded in the office of the Franklin County Clerk. DEVELOPMENT AGREEMENT-PASCO VINEYARDS ASSOCIATES PAGE 8 OF 9 AGREED TO AND ACCEPTED: City of Pasco, Washington BY: By: City of Pasco 525 N. 3rd Avenue Pasco, Washington 99301 Pasco Vineyards Associates, a Washington Limited Partnership By: Roope, LLC, General Partner By- Caleb Roope, Manager Pasco Vineyards Associates 13 12th Avenue South Nampa, ID 83651 DEVELOPMENT AGREEMENT-PASCO VINEYARDS ASSOCIATES PAGE 9 OF 9 RESOLUTION NO.Z SCE A RESOLUTION APPROVING A PRELIMINARY PLAT FOR KELLY'S ESTATES. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the west half of the northwest quarter of Section 27, Township 9 North, Range 29 East, W.M. have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission has reviewed said preliminary plat which is named Kelly's Estates; and WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Kelly's Estates located in the west half of the northwest quarter Section 27, Township 9 North, Range 29 East W.M., is hereby approved with the following conditions: 1) At the time lots are developed all abutting roads and utilities shall be developed to City standards. This includes but is not limited to water, irrigation and sewer lines, streets, storm water, fire hydrants and streetlights. All type, size and installation of any City utility shall be according to the latest City of Pasco Construction Standards or as approved by the City Engineer. Water utility improvements shall include necessary utility extensions/looping as approved by the City Engineer, 2) Lots abutting Road 68 shall not have direct access to Road 68. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat. 3) The developer shall be responsible for all costs associated with construction inspection service expenses incurred by the City of Pasco Engineering Department. 4) The developer/builder shall pay the City a "traffic mitigation fee" of $154 per lot upon issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts. 5) The developer shall insure active and ongoing dust and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 6) The final plat shall contain 10-foot utility easements parallel to all streets. 7) The developer shall install a properly designed irrigation system approved by the FCID. 8) All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum. 9) The developer will be required to provide a deposit to the City of Pasco to allow the City of Pasco to hire a surveying company to perform topographic surveys of the constructed utilities including manhole lids and flow line elevations, location of sewer stubs, water valves, water meters, irrigation valves, irrigation services, storm water catch basins, street lights, fire hydrants, monuments and other pertinent information deemed necessary, to the satisfaction of the City of Pasco. The developer will be required to provide as-built drawings for the remainder of the improvements. The City of Pasco contracted surveyor will be given an electronic copy of the design drawings to then insert their findings from the topographic survey. No as- built/record drawings will be accepted and approved by the City of Pasco until such time as they meet the requirements of and are to the satisfaction of the City Engineer. Until such time that the as-built/record drawings are accepted and approved by the City of Pasco, pursuant to PMC 26.28.050 no certificate of occupancy will be issued for any structure nor will any subsequent bonding be released. 10) All streets are to be developed to City Standards and/or as directed by the City Engineer. Street grades for all arterial and collector roads shall not exceed 6 percent. Interior local access street grades shall not exceed 10 percent. All intersections will require setback lines for appropriate sight distances. No fences, utility vaults or pedestals,or other obstructions will be allowed in this area. 11) Proposed Octave Street must be aligned with the existing Octave Street on the west side of Road 68 or the intersection must be offset a minimum of 125 feet. 12) A minimum one & one half(1 Y2") inches thick asphalt overlay must be applied to the full width of the existing asphalt of Road 68 from the south line of the proposed plat on Road 68 to the south Right of Way line of Court Street. This overlay must encompass the entire width of the current roadway. For those areas that are not currently developed to a minimum 28' wide asphalt roadway the developer will be required to widen those sections of the roadway as necessary. 13) The utility easement between proposed Lots 27 and 28 must be a minimum of 15 feet wide and paved full width. The cross section for this path must be 8 inches of rock and 3 inches of asphalt. The paved path must have a six foot high fence (type to be determined during subsequent subdivision plan review) along both sides with an approved concrete mow strip centered under the fence the full length of each side. The fence shall start at a location, on the south end of the path, to be determined by the City of Pasco and shall end, on the north side, at a location to be determined by the City of Pasco. A gate shall be required across the full width of the utility easement. The gate and location thereof must be approved by the City prior to installation. 14) All storm water in the Right of Way shall be disposed of through means approved by the City Engineer and must be retained in the right-of-way. All methods utilized to capture and dispose of storm water shall be approved by the City Engineer prior to subdivision construction plan approval. No storm water will be allowed to drain onto the Army Corps of Engineers property to the south. 15) All water, storm, irrigation & sewer line(s) size, type and associated appurtenances to be installed as per the most current City of Pasco Construction Standards and/or as directed by the City Engineer. Water and sewer mains are not permitted to extend onto or through any proposed lot(s) or outside of the Right of Way. Any such proposals must be submitted to and approved by the City Engineer prior to subdivision construction plan approval. 16) Proposed Octave Street will be required to have appropriate and approved barricades that will not allow traffic to travel off of the paved surface at the east end of the street. 17) All intersections will require setback lines for appropriate traffic sight distances. No fences, utility vaults, pedestals or other obstructions will be allowed in this area. 18) All existing/proposed power lines to be installed underground at the owner/developer's expense. All lots/roads within a final plat that currently have overhead power lines will be required to install those lines underground prior to the approval of the final plat for that phase. 19) A minimum ten (10) inch sewer main must be installed in Road 68 from the manhole at the south end of the Road 68 (196± south of Park Street) through the length of the plat to provide as much cover as possible over the sewer pipe in Road 68 and Octave Street. Any proposed variations to the minimum utility cover requirements of the City of Pasco must be approved by the City Engineer prior to subdivision construction plan approval. 20) The sewer main extending through the easement between Lots 27 and 28 cannot serve the entire plat. This is an existing sewer manhole, being proposed for connection to provide service for this plat, located to the south of the proposed easement and is located on government property. This easement must be provided with a minimum 15 foot paved pathway (designed for truck traffic) to allow maintenance of all City of Pasco sewer lines. Fencing shall be required as well. All sewer lines must be extended through the length of the proposed plat and each proposed phase 21) Any and all utilities shall be located as directed by the City Engineer. This shall include but not limited to gas, phone, power, cable and all other utilities located within or adjoining this proposed plat. Any existing utilities that present difficulties shall be relocated at the developer's expense, pursuant to the direction of the City Engineer. 22) Any and all water rights associated with this land, along with any wells, pumps, pipe, associated electrical system(s) and appurtenances shall be conveyed to the City prior to subdivision construction plan approval of the first phase. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee of$1,500 per acre in lieu thereof. The Public Works Director may waive the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. If the current owner/developer wishes to continue to utilize water from the well for farming purposes an agreement can be negotiated with the City of Pasco for the water usage. 23) All final plat phases shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 24) All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 25) A "revised" preliminary plat incorporating all changes and modifications, including phasing, approved by the City shall be submitted within 30 days of plat approval. The documents must be submitted both in paper and electronic format acceptable to the City Engineer. 26) A common fence 6 foot tall fence acceptable to the Community and Economic Development Director shall be installed along the north lines of Lots 1 through 11. Passed by the City Council of the City of Pasco this 6`h day of December, 2004. A, -Xn Michael L. natTison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. e worthy Leland B. Kerr Deputy City Clerk City Attorney