RES 1243RESOLUTION NO./-Q L/3>
A RESOLUTION approving a Development Agreement between
the City of Camas and Arthur C.Piculell,Jr.,and Dee W.Piculell and
Homesite Development,LLC.
WHEREAS,Arthur C.Piculell,Jr.,and Dee W.Piculell and Homesite Development,LLC,
are owners of certain real property located within the City of Camas (hereinafter referred to as
“Piculell”);and
WHEREAS,the City of Camas and Piculell have negotiated a Development Agreement;and
WHEREAS,the Development Agreement sets forth certain development standards that will
govern the development of the property;and
WHEREAS,the City Council has conducted a public hearing,as required by law,on the
proposed Development Agreement,at which time it considered testimony from all interested parties;
and
WHEREAS,the City Council finds that the Development Agreement has been reviewed by
the Director of Community Development and has been found to meet all applicable planning
requirements;and
WHEREAS,the City Council desires to approve the Development Agreement;
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAMAS
AS FOLLOWS:
Section I
That certain Development Agreement between the City of Camas and Piculell,relating to
certain real property located with the City’s municipal boundary,is hereby approved ,and the Mayor
is authorized and instructed to sign the Development Agreement on behalf of the City.
Section II
The Development Agreement shall be recorded with the Clark County Auditor,pursuant to
the requirements of RCW 36.70(B).190.
ADOPTED by the Council of the City of Camas and approved by the Mayor this 18 th day of
June,2012.
SIGNED:At Mayor
Clerk
ATTEST:^/^
/APPROVED as to form:
u_
City Attorney
4859715^GR
^43RecFee-$70.00ClarkCounty.UA
Return Address:
James D.Howsley,Esq.
Jordan Ramis,PC
1498 SE Tech Center Place #380
Vancouver,WA 98683
WASHINGTON STATE COUNTY AUDITOR/RECORDER’S
INDEXING FORM (Cover Sheet)
(RCW 65.04)
Please print or type information
Document Title(s)(or transactions contained therein):
Development Agreement Lake Hills
Reference Number(s)of Documents assigned or released:
]Additional reference #'s on page of document
Grantor(s)(Last name first,then first name and initials):
1.Arthur C.Piculell,Jr.and Dee W.Piculell
2.Homesite Development,LLC a Washington limited liability company
Additional names on page of document
Grantee(s)(Last name first,then first name and initials):
City of Camas11Additionalnamesonpage of document.
Legal Description (abbreviated:i.e.lot,block,plat or section,township,range):
NE 1/4,Section 33,T2N,R3E;SE 1/4,S28,T2N,R3E
Additional legal is on page Exhibit A-l of document
Assessors Property Tax Parcel/Account Number:
084840-000
Assessor Tax #not yet assigned.
The Auditor/Recorder will rely on the information provided on the form.The staff will not read the document to verify the accuracy or
completeness of the indexing information provided herein.
DEVELOPMENT AGREEMENT
LAKE HILLS
This Development Agreement ("Agreement")is made and entered into by and between
the CITY OF CAMAS,a Washington municipal corporation (“Camas”)and Arthur C.Piculell,
Jr and Dee W.Piculell,husband and wife,and Homesite Development,LLC a Washington
limited liability company collectively identified as "Piculell"and will be effective as of the last
signed date below.
RECITALS
WHEREAS,the Piculell own or control certain real property which is located within the
Camas'municipal boundary and which is more fully described in the attached Exhibit "A,"
commonly known as tax parcel 084840-000 (hereinafter referred to as the "Property");
WHEREAS,Camas wishes to provide the development standards for the development of
the Property;
WHEREAS,Camas is purchasing not less than a seven (7)acre portion of the Property
as negotiated preservation with Piculell;
WHEREAS,Camas is a Washington municipal corporation with land use planning and
permitting authority over all land within its corporate limits;
WHEREAS,the Washington state legislature has authorized the execution of
development agreements between local government and a person having ownership or control of
real property within its jurisdiction pursuant to RCW 36.70B.170(1);
WHEREAS,pursuant to RCW 36.70B.170,a development agreement may set forth the
development standards and other provisions that will apply to,govern and vest the development,
use and mitigation of the development of real property for the duration specified in the
agreement,which statute provides:
(1)A local government may enter into a Development Agreement
with a person having ownership or control of real property within
its jurisdiction.A city may enter into a development agreement for
real property outside its boundaries as part of a proposed
annexation or a service agreement.A development agreement
must set forth the development standards and other provisions that
will apply to and govern and vest the development,use,and
mitigation of the development of the real property for the duration
specified in the agreement.A development agreement will be
consistent with applicable development regulations adopted by a
local government planning under chapter 36.70A RCW;
WHEREAS,the legislative findings supporting the enactment of this section provides:
51423-70517 Development Agreement -FINADJDHJ 5/15/2012
The legislature finds that the lack of certainty of the approval of
development projects can result in a waste of public and private
resources,escalate housing costs for consumers and discourage the
commitment to comprehensive planning which would make
maximum efficient use of resources at the least economic cost to
the public.Assurance to a development project applicant that upon
government approval the project may proceed in accordance with
existing policies and regulations,and subject to conditions of
approval,all as set forth in a development agreement,will
strengthen the public planning process,encourage private
participation and comprehensive planning,and reduce the
economic cost of development.Further,the lack of public
facilities and services is a serious impediment to development of
new housing and commercial uses.Project applicants and local
governments may include provisions and agreements whereby
applicants are reimbursed over time for financing public facilities.
It is the intent of the legislature by RCW 36.70B.170 through
36.70B.210 to allow local governments and owners and developers
of real property to enter into development agreements;
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);and
WHEREAS,this Development Agreement by and between Camas and the Piculell
relates to the future development of the Property.
NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1.Development Agreement.This Agreement is a development agreement
to be implemented under the authority of and in accordance with RCW 36.70B.170 through
RCW 36.70B.210.It will become a contract between the Piculell and Camas upon its approval
by ordinance or resolution following a public hearing as provided in RCW 36.70B.170.
Section 2.Definitions.As used in this Agreement,the following terms,phrases,and
words will have the meanings and be interpreted as set forth in this section.
"Adopting Resolution"means the resolution which approves this Agreement,as required
by RCW 36.70B.200.
“City Parcel”means that area of negotiated preservation acquired by Camas from Piculell
of no less than seven acres of the Property.
"Effective Date"means the effective date established by the Adopting Resolution.
51423-70517 Development Agreement -FINALXSDHJ 5 /\5.7012
Section 3.Term of Agreement.This Agreement will commence upon the Effective
Date,and will continue in force for a period of ten (10)years,unless extended or terminated by
mutual consent of the parties.
Section 4.Park Impact Fee Credits.Following conveyance of the City Parcel from
Piculell to Camas,Piculell will have Fifteen Thousand ($15,000)in Park Impact Fee credits to be
utilized as building permits are issued for the Property as part of the negotiated preservation.
Section 5.Development Standards.Camas agrees to process the Lake Hills
development as a subdivision utilizing the density transfer provisions of the code.More specific
terms that govern the development of the Property are set forth below.
A.Camas will recognize Piculell’s vested rights,in accordance with the
December 20,2005 development application and the April 6,2006 notice of vesting from
Camas to the remaining portion of the Property to be developed.This includes but is not
limited to stormwater,wetlands,critical areas,trees and all other development regulations
in effect at the time the application was deemed complete and vested.
B.Piculell agrees to modify its development projects from a planned residential
development containing eighty (80)residential lots to an R-10 subdivision containing 53
lots.In the sole event that engineering allows the development to use the Lacamas Lake
large water body exemption for stormwater detention,then the R-10 subdivision may
contain up to a maximum of 57 residential lots.Modifying the project’s original
development proposal will (a)reduce the impacts of the development on sensitive lands;
(b)will promote the protection and management of sensitive lands by providing for the
sale to Camas a portion of the Property subject to a Settlement Agreement;and (c)will
significantly reduce the number of lots being developed on the Property.
C.The City Parcel is being purchased as negotiated preservation of sensitive
lands and therefore Piculell shall be allowed to use the density transfer provision in
accordance with provisions under CMC 18.09.060 and CMC 18.31.120.Additionally,
beveling of lots under the CMC shall not be required,consistent with this negotiated
settlement for preservation under Section 1 and 2 of the Settlement Agreement.
D.Piculell has the right to use wetland fill and wetland buffer reduction pursuant
to the previously vested CMC provisions consistent with Section 5(a)herein.Camas
further agrees that a buffer reduction technique may be used where the wetland remains
intact and undeveloped,but where the buffer is diminished,solely for that area set forth
in Exhibit “B”).Alternatively,where wetland fill is to occur,offsite mitigation may
occur in accordance with the mitigation sequencing due to limited areas for mitigation
onsite or on the City Parcel to be acquired.
E.Piculell will propose the development of a soft trail connection from Lake
Road to the City Parcel and from the City Parcel to Piculell lower loop road.
F.Piculell herein agrees to develop only detached single family homes in the
R-10 subdivision.
51423-70517 Development Agreement -FINADJDEJ 5 /15/2012
G.Piculell will be allowed to develop eleven (11)lots in the southerly portion of
the Property along Lake Road.Access to five of these lots will be by three direct
driveway access points on Lake Road.No access shall be located closer than 330 feet
from the intersection of NW Jackson Street.Two of these driveways will have shared
access between two lots,through an easement,and all three of the driveways will provide
room so that there is no backing of vehicles onto Lake Road.The remaining six lots will
be accessed on a twenty foot (20 ft.)wide paved surface,traversable by emergency
vehicles,with sixteen (16)feet of road,a rolled curb and a four (4)foot sidewalk.This
road will parallel Lake Road.Parking on this road will be prohibited within the required
(20)feet of pavement.A fire access cut and gate or post will be placed on the north end
of the road.This access road will provide a thirty-five (35)foot turn radius for
emergency vehicles entering and exiting,and a portion of this may be located at the
beginning of the path connection through the property.
H.Camas and Piculell recognize that the Property includes steep slopes,
significant trees and critical or sensitive area and further recognize that to provide for the
development of lots with urban services,the removal of significant trees will be required
in order to reasonably grade the site.The parties have negotiated the preservation of a
portion of the overall site known as the City Parcel recognizing that this includes a
grouping of significant area of trees and sensitive areas.The City will support
preliminary plat findings of compliance with CMC 17.19.030(A)(2)and CMC
18.31.080(B)related to the preservation of significant trees and vegetation based upon
the City acquisition of the City Parcel.Except as provided in this Agreement the City
Parcel is intended as public recreational and/or natural open space with the intent of
preserving large stands of trees and vegetation,while the remaining portions of the
Project site are intended to be cleared for development
I.Piculell will retain an arborist,subject to Camas’approval,to evaluate the trees
at the edges of the City Parcel to determine which present hazards to future homes and to
the public trailheads,and to advise removal of hazard trees in accordance with the code
provision of which the application is vested but also consistent with this negotiated
settlement for preservation under the Settlement Agreement.Camas in its sole discretion
will moderate tree removal and pruning on the City Parcel based upon the arborist’s
assessment and direction for northerly view sheds and corridors for the 11 lots to be
developed along Lake Road.Parties agree that Piculell may apply for a grading and
erosion control permit to clear the non-City Parcel portions of the Project of trees and
vegetation prior to Preliminary Plat approval.Upon City approval of the Preliminary Plat
and expiration of all appeals,the City will promptly issue a grading permit to allow for
clearing to occur with the intent of meeting a fall 2012 construction start.Within sixty
(60)days of the execution of this Agreement,Piculell will provide a good faith draft
arborist tree report in good form for review as part of the Project.
J.Camas will agree to grant Piculell any easements over the City Parcel for
utility purposes provided that such easements do not directly impact wetlands.
K.Camas will use reasonable efforts to ensure all entitlements under City control
required for construction of the project are processed and issued to Piculell no later than
51423-70517 Development Agreement -F/A'ZL'JDH/5/15/2012
ninety (90)days after Piculell submits supplemental application materials or the
recording of this Development Agreement,whichever is later.Revised supplemental
materials shall not require new traffic or geotechnical studies,but will include updated
memorandums addressing the impacts of the revised lot count and locations.
L.Camas shall allow Piculell to submit final engineering of storm water
detention facilities prior to the approval of the R-10 Density Transfer Subdivision.
Camas will issue a permit for construction of the storm water facilities subject to hearings
official approval of the preliminary plat.
M.Given the revisions to the development application to be submitted by
Piculell,Camas will issue a SEPA decision which addresses the environmental impacts
of those revisions.However,the SEPA decision previously issued by the City and
affirmed by the City Council shall remain effective until the R-10 Density Transfer
revision is approved and all appeal periods have lapsed relating to development approval
consistent with the negotiated Settlement Agreement.
Section 6.Remedies.Should a disagreement arise between Camas and the Piculell
regarding the interpretation and application of this Agreement,the parties agree to attempt to
resolve the disagreement by first meeting and conferring.If such meeting proves unsuccessful to
resolve the dispute,the disagreement may be resolved by judicial action filed in Clark County
Superior Court.
Performance.Failure by either party at any time to require performanceSection7.
by the other party of any of the provisions hereof will in no way affect the parties'rights
hereunder to enforce the same,nor will any waiver by a party of the breach hereof be held to be a
waiver of any succeeding breach or a waiver of this non-waiver clause.
Section 8.Venue.This Agreement will be construed in accordance with and,
governed by,the laws of the State of Washington.The parties agree to venue in the Superior
Court for Clark County,State of Washington,to resolve any disputes that may arise under this
Agreement.
Section 9.Severability.If any portion of this Agreement will be invalid or
unenforceable to any extent,the validity of the remaining provisions will not be affected thereby.
Section 10.Inconsistencies.If any provisions of the Camas Municipal Code are
deemed inconsistent with the provisions of this Agreement,the provisions of this Agreement will
prevail.
Section 11.
the land and be binding upon and inure to the benefit of the Piculell,the parties,and their
respective heirs,successors and assigns.This Agreement will be recorded against the real
property indicated on Exhibit ”A"with the Clark County Auditor.
Binding on Successors and Recording.This Agreement will run with
5J -423-70517 Development Agreement -FINALXJDH /5 /l 5/2012
The Piculell may sell or otherwise lawfully dispose of any portion of the Property to
another person who,unless otherwise released by all parties,will be subject to the applicable
provisions of this Agreement related to such portion of the Property.
Recitals.Each of the recitals contained herein are intended to be,and are
incorporated as,covenants between the parties and will be so construed.
Section 12.
Section 13.Amendments.This Agreement may only be amended by mutual
agreement of the parties.
Exhibits:
Exhibit A:
Exhibit B:
Legal Description of Property
Wetlands Exhibit
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed as of the dates set forth below.
CITY OF CAMAS Parc .084840-00.
Arthur C.Piculell,JR
Date signed
£
By:V-Title bAcu^r h }uyiA ),<ULUJLDeeW.Piculell
Date signed zi
Development,LLC
Its:Managing Member
51423-70517 Development Agreement -F!NAL\JDH/5/l 5/2012
EXHIBIT "A"
Assessor Property Tax Parcel:
084840-000
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EXHIBIT B
T AKF.HTLLS SKETCH
FIFTY-THREE RIO DENSITY TRANSFER LOTS
HOMESITE DEVELOPMENT,INC.05/15/12
^j^TOEEPApLlXY FILLED OR SUBJECT TO BUFFER REDUCDONNOTEA;
NOTES;