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09 Amend Development Agreement Old Greenwood TOWN OF TRUCKEE California I ORDINANCE 2007-09 AN ORDINANCE OF THE TOWN OF TRUCKEE APPROVING A SUPPLEMENTAL DEVELOPMENT AGREEMENT, ALSO KNOWN AS AMENDMENT NO.3, TO THE OLD GREENWOOD PLANNED DEVELOPMENT, DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF TRUCKEE AND OLD GREENWOOD, LLC The Town Council of the Town of T ruckee Does Ordain as Follows: Section 1. Enactment. A Supplemental Development Agreement to the Development Agreement concerning the Old Greenwood Planned Development project, which is on file in the office of the Town Clerk and incorporated herein by reference herein as if fully set forth, is hereby approved. The Supplemental Development Agreement, also referred to as Amendment No. 3 of the Old Greenwood Development Agreement, is described in Exhibit "A", attached hereto and. incorporated herein. Section 2. Enactment. The Town Mayor is hereby authorized and the Town Manager is hereby directed to execute the Supplemental Development Agreement upon the property owner's execution of the Supplemental Development Agreement. This authorization shall be valid for a period of 60 days from the effective date of this Ordinance at which time the authorization to execute the amendment to the agreement provided by this Ordinance shall become null and void. The Town Manager is hereby further directed to record this Ordinance and the Supplemental Development Agreement in the official records of Nevada County, within 10 days of execution of the Supplemental Development Agreement. I Section 3. Findinqs. The Council hereby adopts the findings set forth in Exhibit "E" of Town Council Resolution No. 2007-39 in support of approval of the Supplemental Development Agreement. Section 4. Summarv Publication and Postinq. This ordinance or a summary thereof shall be published once in a newspaper of general circulation within 15 days after its adoption. ****** The foregoing Ordinance was introduced at a regular meeting of the Truckee Town Council held on the 20th day of September 2007, and adopted at a regular meeting of the Truckee Town Council, on the 4th day of October 2007, by Council Member Dee, who moved its introduction, which motion was seconded by Council Member Susman was carried by the following vote: AYES: Council Member Dee, Council Member Susman, and Vice Mayor Green. NOES: None. ABSENT: Council Member Brown and Mayor Anderson. ~(V1 ~ARD ANDERSON, Mayor ATTEST: APPROVED AS TO FORM: I - ,'1 ~ "-~ ~. ~~ J. ennis Crabb, Town Attorney SUPPLEMENTAL DEVELOPMENT AGREEMENT I This SUPPLEMENTAL DEVELOPMENT AGREEMENT ("Supplemental Agreement") is entered into this _ day of , 2007, by and between the Town of Truckee, a municipal corporation (''Town''), and Old Greenwood, LLC, a limited liability company ("Landowner"), pursuant to the provisions of the California Government Code relating to development agreements (Government Code Section 65864 et seq.) and Section 1.11 of the Old Greenwood Planned Development, Development Agreement ("Old Greenwood Development Agreement"), which is on file in the office of the Town Clerk and incorporated herein by reference herein as if fully set forth. 1. Subiect Propertv and General Provisions. This Supplemental Agreement shall apply to those properties described in Exhibit "1", which is incorporated herein by this reference. The Subject Property shall be subject to the provisions of the Old Greenwood Development Agreement except as modified by this Supplemental Agreement: 2. Landowner and Proiect Developer. Landowner and Project Developer shall mean Old Greenwood, LLC, or any successor(s) in interest. 3. Effective Date. The effective date for this Supplemental Agreement shall mean the effective date of the Adopting Ordinance, November 5,2007. 4. The Proiect. The Project which is the subject of this Supplemental Agreement contemplates the development of the Subject Property as set forth herein. The Project shall be subject to and adhere to all provisions of the Old Greenwood Development Agreement except as modified or amended by this Supplemental Agreement. I 5. Phasina. The Villas at Old Greenwood, Phase 2 and The Enclave at Old Greenwood may be developed as separate phases independently of each other. 6. Development Area. The Subject Property shall be considered part of the approved development area for the Old Greenwood Planned Development and shall not be subject to the open space restrictions of the Old Greenwood Development Agreement. 7. Permitted Uses and Density and Intensity of Uses. The permitted uses and density and intensity of uses allowed on the Subject Property shall be as follows: 1. The Villas at Old Greenwood, Phase 2. a. Eight (8) attached single family residences (also known as town homes); b. Residential uses as permitted in the RM (Multi-Family Residential) zoning district of the Development Code of the Existing Land Use Regulations including accessory uses and structures; 2. The Enclave at Old Greenwood. a. 25 single family lots OR 26 attached single family residences (also known as town homes); b. Residential uses as permitted in the RS (Single Family Residential) zoning district of the Development Code of the Existing Land Use Regulations I including secondary residential units for single family residential lots and accessory uses and structures. 8. Reaulations. Standards. and Conditions of Development. The Project shall comply with the regulations, standards, and conditions of development as set forth in Exhibit "c" of the Old Greenwood Development Agreement except as follows: 1. Regulation No. 53 is modified to read as follows: a. Title: Native Plantings - The Enclave at Old Greenwood. I b. Timing: i. Prior to approval of any improvement plans or submittal of a final map review application. ii. Prior to recordation of final map. c. Requirement: A 50-foot band of native coniferous trees seedlings shall be planted in a random configuration along the eastern property line of the Old Greenwood Planned Development adjacent to The Enclave. The seedlings shall be planted at a density great enough with a grown size enough to further screen the buildings from motorists on 1-80. The developer shall submit a planting plan showing the location, number, type, and size of seedlings and other relevant information to the Town Planner for review and approval. A landscape architect, forester, or other qualified individual approved by the Town Planner shall prepare the plan. d. Implementation: The Landowner shall incorporate all information demonstrating compliance I with the requirements in a planting / landscaping plan prior to submittal of any improvement plans or submittal of a final map review application. The Town Planner shall review the planting / landscaping plan to verify compliance with these requirements prior to approval of the improvement plans or acceptance of the final map review application. Prior to recordation of the final map, the Town Planner shall verify that all work identified in the planting / landscaping plan has been completed or that an improvement agreement with sufficient security has been executed in accordance with Development Code requirements for subdivision improvement agreements. e. Responsible Town Official: Town Planner 2. Regulation No. 54 is added as follows: a. Title: Open Space - The Villas at Old Greenwood, Phase 2, and The Enclave at Old Greenwood b. Timing: Prior to the recordation of any final map or the issuance of any temporary of final certificates of occupancy, whichever occurs first. c. Requirement: I The Landowner shall grant to the Town of Truckee, or other agency or organization approved by the T own Council, a conservation easement on the seven properties described as APNs 49-170-03, 49-170-04, 49-170-07,49- 170-08,49-170-11,49-170-12, and 49-170-13. The conservation easement shall restrict uses on those properties to open space, passive recreation, or other compatible uses. I The Landowner shall convey in fee title to the Town of Truckee, or other agency or organization approved by the Town Council, the seven properties described as APNs 49-170-03, 49-170-04, 49-170-07, 49-170-08, 49-170-11 , 49-170-12, and 49-170-13. The Landowner shall receive no compensation or value from the Town of Truckee, or the agency or organization approved by the Town Council, for these properties. d. Implementation: The Landowner shall prepare the conservation easements and deeds and submit the documents to the Town for review and approval. The easements and deeds shall comply with all requirements of the Town Planner and Town Attorney and shall be approved by the Town Manager prior to their recordation in the Nevada County Recorder's Office. e. Responsible Town Official: Town Planner 3. Regulation No. 55 is added as follows: a. Title: Affordable Housing - The Enclave at Old Greenwood b. Timing: Prior to recordation of final map for The Enclave at Old Greenwood. I c. Requirement: The Landowner shall record an affordable housing agreement in accordance with Section 18.210.090 of the Development Code, restricting the sales price of housing units in the Gray's Crossing Planned Development to a sales price affordable to a household earning a gross income of no greater than 100% of the area median income. The applicant shall restrict the sales price of eight (8) units with deed restrictions for a term of 55 years OR twelve (12) units with deed restrictions for a term of 30 years. The housing units shall be completed, or completion of the units shall be secured by a bond, letter of credit, or similar mechanism, prior to recordation of the final map. The Community Development Director shall determine the types of units to be restricted (e.g., attached or cottage, size) after further consulting with the Landowner. The CommunityDevelopment Director shall determine the restrictions of the housing agreement, including the deed restriction, in accordance with Chapter 18.214 of the Development Code, the Town administrative guidelines and procedures for affordable housing, and . standard Town practices. d. Implementation: The Landowner shall prepare the housing agreement and submit the agreement and accompanying materials to the Town for review and approval. The agreement shall comply with all requirements of the I Community Development Director and Town Attorney and shall be approved by the Town Manager prior to its recordation in the Nevada County Recorder's Office. e. Responsible Town Official: Community Development Director 4. Regulation No. 56 is added as follows: a. Title: Setback I Buffer - The Enclave at Old Greenwood I b. Timing: Prior to recordation of final map, and prior to issuance of any grading or building permits or approval of improvement plans for The Enclave at Old Greenwood. c. Requirement: The development area for The Enclave shall be setback a minimum distance of 150 feet form the right-of-way of Fairway Drive. No disturbance, grading, or structures shall be permitted within this 150-foot setback I buffer. d. Implementation: The Landowner shall identify the location of disturbance, grading, and structures on the construction and improvement plans and their setback distance from the right-of-way of Fairway Drive prior to submittal of the grading or building permits and plans or improvement plans. The Town Planner shall review the construction plans to verify compliance with this regulation. The Town Planner shall review the final map to verify consistency with the construction plans and compliance with this regulation, including for any future development that may be allowed. I The Chief Building Official and Town Engineer during all inspections shall inspect the construction to verify compliance with the approve construction plans and this regulation. Prior to issuance of a temporary or final certificate of occupancy for the permit or final approval and inspection of any improvements, the Chief Building Official and Town Engineer shall verify compliance with this regulation. e. Responsible Town Official: Town Planner; Chief Building Official; Town Engineer 9. Site Plan and Tentative Map. The site plans and tentative maps for the Subject Property are set forth in Exhibits "2", "3", and "4", which are incorporated herein by this reference. I IN WITNESS THEREOF, this Supplemental Development Agreement was executed by the parties on the dates set forth below. I THE TOWN OF TRUCKEE, a Municipal Corporation Dated: By: Richard Anderson Mayor, Town of Truckee Dated: By: Judy Price Town Clerk Dated: By: Tony Lashbrook Town Manager Approved as to Form: Dated: By: Dennis Crabb I Town Attorney LANDOWNER OLD GREENWOOD, LLC Dated: By: Roger Lessman Vice President. Approved as to Form: Dated: By: Jim Porter Porter Simon Attorney for Landowner I SUPPLEMENTAL DEVELOPMENT AGREEMENT I EXHIBIT "1" Legal Description Leqal Description for The Villas at Old Greenwood Phase 2 All that real property situated in the Town of Truckee, County of Nevada, State of California, being a portion of the southeast quarter of Section 1 and a portion of the northeast quarter of Section 12, Township 17 North, Range 16 East, Mount Diablo Base and Meridian, and more particularly described as follows: Lot "C" as shown on Final Map Number 01-002 for Old Greenwood - Parcel T' recorded in Book 8 of Subdivisions at Page 143, Nevada County Records. Containing 2.14 acres more or less. Leqal Description for The Enclave at Old Greenwood All that real property situated in the Town of Truckee, County of Nevada, State of California, being a portion of the Southeast quarter of Section 1, Township 17 North, Range 16 East, Mount Diablo Base and Meridian, being a portion of Lot "B" per Final Map No. 01-002 for Old Greenwood - Phase I 1, filed in Book 8 of Subdivisions at Page 111, Nevada County Records, and more particularly described as follows: Beginning at a point from which the southeast corner of Section 1 as shown on Final Map Number 01-002 for Old Greenwood Phase 1 recorded in Book 8 of Subdivisions at Page 111, bears South 12041 '59" East, 1214.43 feet to the true point of beginning; thence from the true point of beginning the following nine (9) courses: (1) North 51058'18" West, 775.12 feet; thence (2) North 48029'11" East, 243.21 feet; thence (3) North 28018'55" East, 188.40 feet; thence (4) North 46035'16" East, 170.02 feet; thence (5) North 31012'17" East, 209.50 feet; thence (6) South 82002'15" East, 303.93 feet; thence (7) South 26017'42" East, 118.25 feet; thence (8) South 00015'04" West, 740.03 feet; thence (9) South 48050'53" West, 322.86 feet to the true point of beginning. Containing 13.47 acres more or less. I TENTATNE MAP i TIm VILlAS AT OLD GREENWOOD I f PHASE 2 TRUCKEE VICINITY MAP ." I ~ 0,. .., ~ ~ SC",!:.1_40 ~ CO/olPANY PLANNING: SCO PLANNING &. ENGINEERING. INC. I~O UTTON DRIvE SUI\( 200 CRASS V-'LlEY. CA ~S94~ (5~)272-:.641 CONTACT PERSON, OAlECRErGHTON,HC.P. APN: 19-940-02 LAND AREA: TOTA.l.AIlE.&.: 2.'....C FIRE PROTECTION: mvCKEE nRt: PllOTICTlON OISllIlCT WA TER: TllUO<EEDONNERPuauCUTlUTYDlSTlllCT SEWAGE DISPOSAL: I ~~~~r ELECTRICAL UTILITIES: lRUCKEt:OONNERP\JBl.ICUTllITYOlSlRICT '..-.-..- "' ...__..". "_ O1.'..uI-'_.l'''......_._ . ,,,..,, po, J --I ~. TENTATIVE MAP -..- ,.. -,... ,_"'- . - "'.'''''''' '" _"='_ Sq::O THE VILlAS AT OLD GREENWOOD - PHASE 2 on." -. -.. J ...-....-.. ' . DwIl$[[DAI"l'_ ........,.."'. ....,.....'.."TO\II'N'OI'Tlil:~ ~ ..~w:D.'fST_ TENTATNB MAP f 1HE ENClAVE AT DID GREENWOOD 1 \/ , , I """"'" VICINITY MAP \ ... \ ! \ ~,.," j \ .- I , 0:1} ,j ,...ff,.. .._...",. t /: / I >:::Li~~~:~:~:?'\;~~;~\ " /.' I ,{I \\ // --I Jll \\ lOT"C" PER " ,; f ~/, \ \ fS/SUBS!111 /" ,\ \ // ,- ---j~,-/ '" - , ; , " --- ..,.-' ~/ '\'- / / I,' .J!/ / /11/ /// ;,' //1 I ';;t'I" j / -' ; /' 1 ( !}~ PROJFCT INFORMAllON' OWNER/APPLICANT: TRUCKEE LAND, LLC ACAUFOIl"lIAl....nmUAlIIUTYC(),jPANY P.O. BOX 2537 lRUCKEE.CA9111M (5:50)~7-3.1lO COtlTACT!,EItSQ\I:.xrrBU~ PLANNING: ~ sea PLANNING & ENGINEERING, INC. UO LITTON ORN( SUITE 240 GR.o.ssVA.U.EY,CA 1ISEH.5 (5:50) 272-$&41 CONTACT PERSON: DAlE CAElQHON, "-I.C.P. 0 . ,. APN: >---'----< 10-720-02 ~ LEGEND' LAND AREA: 1CN..E:1".lC1O C]SLlRS(20:l-3OX) TtlTALmk 70.45AC j FIRE PROTECTION: j);j]t0IT!ISLlPES(GR[AIERTHANm) "'~ TRUCKEE FlRr PAOTttl1ON DlSTRI~T l~j', I DE',ELllf'MENT AREA WATER: IRUQ((E OCIt;tlE~ PUBUC UTIUTY llIS1lllCT I. SEWAGE DISPOSAL: 'lRUCI((tSANITAAYDlSlRK:T ~ ELECTRICAL UTILITIES: 1. CONlO.JR.<l1J;JlVAL..2' 1lllICKEfDONtlERPUBUCUTlUTYOISn:acr "..-.-...- ~ " ..,-""'....-- .. .".. l--I~ ~.- ~. DE..-.m:1I[W ... == S<EO nm ENClAVE AT OlD GREENWOOD _b __"07 1 ~-- ......~... 11lNI'AllVE MAP O"'I<IEIo.<.__ ~-~ ~ o~mfUO'.'I'S'_