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CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER
M!NUTES
July 3, 2002
Calt to Order - Hearing Examiner, M. Jerome Mapp, opened the meeting for the
public hearings at 7:00 p.m. and outlined the public hearing procedures.
tl. Review of Proceedings - Mr. Mapp outlined the public hearing procedures
Members Present: Steve Hasson, Community Development Director, Debbie Geyer
and Ben Weymouth (Assistant City Engineer).
lll. Hearings
A. Case No. ANN-74-02 a request by Grapevine 7, lnc, for approval to annex
approximately 29.54 acres into the City as a C-3 (Service Commercial) zone to
include a development agreement. The site is located at the northeast corner of
the intersection of Smeed Parkway and Highway 20126, and is approximately
1653 feet west of KCID Road. The site is within the Area of City lmpact and is
currently zoned County A. The parcel is legally described as a portion of the SW
% SE % of Section 24, Township 4 North, Range 3 West, Boise Meridian,
Canyon County ldaho. As a part of the annexation request, the Comprehensive
Plan Land Use Map would be amended to designate this parcel as commercial;
the amendment would be included in the next available update of the
Comprehensive Land Use Map.
Testimony:
Steve Hasson, Community Development Director, presented the staff report.
Rita Earl, Applicant's Representative, testified in favor
Scott Stanfield signed as in favor of the application but chose not to speak.
NOTE: See Order of Decision for complete testimony or contact Community
Development Department for audio tapes of the hearing.
Public Testimony Closed: Mr. Mapp closed the testimony.
Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to
the following Comprehensive Plan components: Property Rights - Goal, Objective B,
and Policy 1; School Facilities and Transportation - Goal and Policy 1; Land Use -
Goal; Objectives Applicable To All Land Uses - Objective C; Area of City lmpact -
Objective A and Policy 5.
Findings of Fact: The Hearing Examiner accepted the general facts outlined in the
staff report as well as the facts brought forward during public testimony.
Conclusions of Law: Mr. Mapp accepted the Conclusions of Law as outlined in the
staff report.
Recommendation to City Councit: Mr. Mapp recommended approval of ANN-74-
02 with the conditions as outlined in the staff report.
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B. Case No. SUB-73P-02, a request by Carrington Company for preliminary plat
approval of Carrington Plaza, which consists of 2 commercial lots on 10.86 acres
in b C-f (Neighboihood Commercial) zone. The site is located at the southeast
corner of 1Oth Avenue and Ustick Road.
Testimony:
Steve Hasson, Community Development Director, presented the staff report.
Rita Earl, Applicant's Representative, testified in favor of the application.
Scott Stanfield testified in favor of the application.
Wesley Bettis testified in favor of the application.
Pubtic Testimony Closed: Mr. Mapp closed the testimony'
Gomprehensive Plan Analysis: Mr. Mapp found that the request was
applicable to the following Comprehensive Plan components: Property Rights -
Goal, Objective B and eoticy 1; School Facilities and Transportation - Goal and
Policy 1; Policies For Commercial/lndustrial Use - Policies 3 and 4; Natural
Resources - Policy 1; Hazardous Areas component - objectives A, B, and
Policy 2; Public services, Utilities and Facilities - Goal, objectives A, B, C, D,
Policies 1,2,6,7,Transportation - Goal, Objectives A, B, D, Policies 5, 7, and 8;
Recreation - Goal, Policies 1 and 3; Community Design - Goal, Objectives A, B,
E, G, and Policies 1,2,3,4,5,6,8,9, 10and 1'1.
Findings of Fact: The Hearing Examiner accepted the general facts outlined in
the staff report as well as the facts brought forward during public testimony.
Conclusions of Law: Mr. Mapp accepted the Conclusions of Law outlined in
the staff report.
Recommendation to City Counci!: Mr. Mapp recommended approval of SUB-
73P-02 with the conditions as outlined in the staff report.
C. Case No. SUB-71P-02, a request by Heartland Development' LLC
and Crestline Development, LC for preliminary plat approval of Aspens
Subdivision, which consists of 394 residential and 8 common area lots on
approximately 100.26 acres in an R-1 (Single Family Residential) zone. The
sit6 is located at the northwest corner of the intersection of Homedale Road
and Florida Avenue. The site generally lies between the west side of Florida
Avenue, the south side of future Laster Lane, the eastern boundary of the
Dixie Drain, and the north side of Homedale Road.
Testimony:
Steve Hasson, Community Development Director, presented the staff report.
Rita Earl, Applicant's Representative, testified in favor of the application.
Kevin Amar testified in favor of the application.
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Planning & Zoning Hearing Examiner
Minutes - July 3, 2002
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Utilities and Facilities - Goal, Objective B, Policies 1' 5, 6, and 7; Transportation
- Goal and objective A; Housing - Goal, objective c, and_Policy 3; community
Design - Goal, objectives A and E, Policy 2; Recreation - Goal, objectives A, B,
C, Policies 1, 3, and 4.
Findings of Fact The Hearing Examiner accepted the generalfacts outlined in
the staff report as well as the facts brought forward during public testimony.
Conclusions of Law: Mr. Mapp accepted the Conclusions of Law outlined in
the staff report.
Recommendation to City Council: Mr. Mapp recommended approval of SUB-
72P42with the conditions as outlined in the staff report'
planning lssues - The next regularly scheduled Hearing Examiner meeting is
August 1,2002.
Adjoumment - Mr. Mapp adjourned the meeting at 9:40 p'm'
MINUTES ADMINISTRATIVELY APPROVED BY HEARING EXAM ER M.MAPP
THE DATE NOTED BELOW
ATTEST:
M.Mapp Development Director
lzll I 6>
Date
Phnning & Zoning Hearing Eominer
MinuEs - July 3, 2fi)2
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CASE NO. ANN.74.O2
YAMAMOTO ANNEXATION
BEFORE THE HEARING EXAMINER
CITY OF CALDWELL, IDAHO
JULY 3,2002
A REQUEST BY GRAPEVINE 7, INC. TO ANNEX APPROXIMATELY 28.93 ACRES INTO THE CITY AS A
c-3 (SERVICE GOMMERCTAL) ZONE TO TNCLUDE A DEVELOPMENT AGREEMENT. rN ADDTTION TO
AMEND THE COMPREHENSIVE PLAN LAND USE MAP TO COMMERCIAL.
TABLE OF GONTENTS:I. COURSE OF PROCEEDINGS,II. GENERAL FAGTS,III. TESTIMONY,Iv. APPLICABLE LEGAL ANALYSIS,V. COMPREHENSIVE PLAN ANALYSIS,VI. FINDINGS OF FACT,VII. CONCLUSIONS OF LAW,VIII RECOMMENDATION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application
ANN-74-02, to be held before the Hearing Examiner on July 3,2002. Public notice requirements as set
forth in ldaho Code, Chapter 65, Local Planning Act, were met. On June 18, 2002 notice was
published in the ldaho Press Tribune, and on June 14, 2002 notice was mailed to all property owners
within 300 feet of the project site; and, on June 26,2002 notice was posted on the site.
1.2 Files and exhibits relative to this application will be available for review in the Community Development
Department, Caldwell City Hall, as well as all public hearings.
II GENERAL FACTS
2.1 APPLICANT: Grapevine 7, lnc. 10555 Highway 55, Boise, lD 83707
2.2 OWNER(S): Chris and Arlene Yamamoto 818 Suncrest Lane Caldwell, ldaho 83605.
2.3 REQUEST: A request to annex and rezone a 28.93 parcel as a C-3 (Service Commercial) zone. As a
part of the annexation request, the Comprehensive Plan Land Use Map would be amended from
Agricultural designation to a Commercial designation, and would be included in the next available
update of the Comprehensive Plan Land Use Map. ln addition, staff has prepared a proposed
Development Agreement. The Applicant in their narrative stated that they intend to develop the
northern 24 acres into a Recreational Vehicle Park. The applicant intends to follow the annexation and
rezone application with a special use permit request to locate a R.V Park on this site. The southern 5
acres fronting Highway 20126 will be set aside for future commercial development.
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,he site ,tc,,"d at the northeast2.4 LOCATION: The site itted at the northeast corner of tn$tersection of Smeed Parkway and
Highway 20126, and is approximately 1653 feet west of KCID Road. The parcel fronts on Franklin Road
for a distance of 986 feet.
2.5 COMPREHENSIVEPLAN DESIGNATION:Agricultural.
2.5.1
2.6
The Comprehensive Plan defines Agricultural as "suitable primarily for the preservation of existing
farmland essential to the economic welfare of the community and region. Activities related to agriculture
and livestock production and the development of single-family homes on minimum 5 acre lots are
appropriate."
AREA OF CITY IMPACT: The project site is within the Area of City lmpact and Canyon County
Development Services was notified of the request through mailing of the public hearing notice on June
14,2002.
2.7 l^nt\rpPtrlJtrNqt\/tr PLAN COM pnNttr ITC AODI I/^AAI tr Tl/.t THtr Ptr')treTU
2.7.1 Propertv Riqhts: The five checklist criteria set forth by the Attorney General in the "ldaho Regulatory
Takings Act Guidelines" were reviewed by planning staff. None of the criteria were answered in the
affirmative.
2.7.2 School Facilities and Transportation: The Vallivue School District was notified of the request through
2.7.3
2.7.4
mailing of the public hearing notice on June 14,2002.
Land Use: Service Commercial.
Pubie Seluiees- lltil ities and Facilities: ln a memo dated June 17 ,2002 the Engineering Department
provided the following:
1. The Engineering Department recommends that the Development Agreement prepared for this property be
signed and recorded at Owner's expense as a condition of this annexation.
2. Any development of this property shall be consistent with the conditions established in the aforementioned
Development Agreement.
3. City sewer and water are located in U.S. Highway 20126 on the south side of the road. The capacity of the
sewer and water systems, the City's ability to provide services, and connection fees for these services will
be determined as specific development proposals within the proposed annexation area are presented.
4. The extension of Smeed Parkway shall be required along the western boundary of the subject property.
U.S. Highway 20t26 is governed by the ldaho Transportation Department and will need to be solicited for
comments regarding any right-of-way requirements. As specific development proposals within the
proposed annexation area are presented, the City will review right-of-way requirements as outlined in the
City code along with other issues pertaining to development.
5. Development Plans - Prior to any proposed use or commencing any construction, plans must be prepared
by the developer's engineer and approved by the City Engineering Department which include the following
items:
a. Street section and alignment (including curb and gutter)
b. Sidewalk (S-foot width);
c. Sanitary sewer (per City and DEQ requirements);
d. Potable water (per City and DEQ requirements);
e. Stormwater facilities (per City Policy);f. Street lighting (maximum spacing of 350 feet and must meet ldaho Power design standards plus
conform identically to the lamp, ballast, and sensor switching equipment used by ldaho Power);
g. Street signage (per City and MUTCD requirements);
rble pressure?gation system (per Piorh. Non-potabl" or".rrr"?gation system (per Pioneer trrigationQtrict requirements).
6. The developer is to employ a responsible design professional, preferably the engineer of record, to oversee
and inspect construction, to perform and/or observe all requisite testing of completed facilities, and to
certify that improvements have been constructed according to approved plans and in compliance with
applicable City, State, and Federal standards.
7. Any development which increases the amount of impervious area shall make provisions for the disposal of
stormwater drainage in accordance with the City's Stormwater Management Policy. A copy of this policy is
available upon request. The engineer of record shall provide calculations, which indicate that the
assumptions in his storm drainage plan comply with the storm drainage policy.
8. lrrigation water for any and all landscaping shall be obtained from Pioneer lrrigation District sources
2.7.4 Transportation: The property fronts on State Highway 20126 which is under the jurisdiction of the ldaho
Transportation Department (!TD). This Agency discourages direct driveway access onto the highway.
Accordingly, the applicant should contemplate the installation of a frontage road as part of developing
the front 5-6 acres of land for commercial purpose.
2.7.7 Fire protection: The CFD has no objection to this annexation
II! TESTIMONY BEFORE THE HEARING EXAMINER JULY 3,2002
3.1 Steve Hasson, Community Development Director, presented the staff report and outlined the facts as
stated. Mr. Hasson reported that a Development Agreement will accompany the application. Mr.
Hasson stated that Article ll (d) in the Development Agreement was not applicable and will be deleted
Mr. Hasson stated that in the near future the Applicant will be submitting an application for the
development of an R.V. park at the site. Mr. Hasson stated that he had viewed a R.V. park owned by
the Applicant in Eagle and felt that such a development would enhance the City of Caldwell.
3.2 Rita Ead, Applicant's Representative, testified in favor. Ms. Earl reported that the property is currently
owned by Chris Yamamoto. She stated that the request is to annex and rezone the 29.54 acre parcel
as C-3 (Service Commercial) with the intent of the Applicant, Grapevine 7, to develop an R.V. park on
the site. The property is within in the Area of lmpact and is also within the City's Urban Renewal Area.
Ms. Earl stated that the Applicant was aware of the City's concern regarding the future realignment of
Highway 20126 and will work with the City on this issue. She said minor concerns in the wording of the
Development Agreement would be clarified between prior to the Agreement being presented at City
Council. Ms. Earl stated that the areas of concern include:: Article ll (c) and Article ll (i). Ms. Earl said
that the Applicant concurred with the Development Agreement, but would like clarification and possible
rewording of items (c) and (i).
Jerome Mapp inquired if the Applicant had any concerns regarding comments provided by the
Engineering Department on the Staff Report (2.7.4 - ltems 1-8). Ms. Earl reported that they were in
agreement with the Engineering Department comments.
3.4 Scott Stanfield signed as in favor of the application but chose not to speak.
Testimony closed.
IV APPLIGABLE LEGAL STANDARDS
3.3
4.1
4.2
4.3
City of Caldwell Zoning Ordinance No. 1451, as amended
City of Caldwell Comprehensive Plan, as amended
City of Caldwelt Subdivision Ordinance No. 1758, as amended
4.4
4.5
4.6
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6.1
ldaho Code, Title 67, Cht"r 65, Local Ptanning Act O
ldaho Code, Title 50, Chapter 2, Section 50-222 Municipal Corporations, regarding annexation
ldaho Code, Title GT,Chapter 6511A, regarding development agreements
GOMPREHENSIVE PLAN ANALYSIS: Mr. Mapp accepted the Comprehensive Plan Analysis as
stated:
5.1 Propertv Riqhts -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights,
adversely impact property values or create unnecessary technical limitations on the use of the property.
OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative
action on specific property.
POLICY 1: Require staff to follow the Attorney General's Checklist Criteria outlined in the ldaho
Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific
property, and to request legal counsel's review if any one of the criteria is answered in the affirmative.
5.2 Schoo! Facilities and Transportation -
GOAL: To provide the on-going opportunity for school representatives of Caldwell and Vallivue School
Districts to participate in the community planning process.
POLICY 1: lnclude the school districts in the review process when considering land-use proposals. At
a minimum, notice of the hearing for each proposal should be provided to the districts and any
additional information that the districts might subsequently request.
5.3 Land Use -
GOAL: To establish land-use management policies that protect property rights and the environment,
maintain a high quality of life, provide adequate land for all types of development and adequately buffer
non-compatible uses.
OBJECTIVES APPLICABLE TO ALL LAND USES:
OBJECTIVE C: To promote growth in areas where public facilities and services are readily available
AREA OF CITY IMPACT
OBJECTIVE A: To encourage development as a natural outward progression of the City's corporate
boundaries and within areas that can be immediately annexed.
POLICY 5: Encourage growth to occur primarily as a contiguous outward expansion from the City's
corporate boundaries. Discourage "hopscotch" development.
U HEARING EXAMINER'S FINDINGS OF FACT:
The Hearing Examiner accepts the general facts outlined in the staff report and the facts brought
forward during public testimony to include: Clarification of Development Agreement ltems (c) and (i)
under Article ll to be discussed between Applicant and Community Development Director as findings of
fact.
VII HEARING EXAMINER'S CONCLUSIONS OF LAW
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'l'he He6ilng Examrrer nHli ihs authod$ to trcar thiu requart rnd lo reoomrrsnd s thc f"raycrCouncil tna! the Enne)ot;on,$ dil;io;-J";r,eta uiaJinJ-*iuii#urto of tccho "oo";titffilfi*H:*-
lesatJ;" *oticerJ nna m*-t'"ct.
HEARI NG EXAIIINER'S RECOMIT'ENOATION
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Et''d on 'the Flndtnos of Fact ad csfldtJsr-r*t gf -q!w, th€ caldv.'cl Hrnrrng Exeminar ns'ornmrndE tolilc iilavor and citf,couniii thei GeJ No,:Nr-rz+"o,i,-irir"iii fi * tsrapevrne r, rnc for o,ofuliowlng: l) a chingo L, fo
-co..ilhffilvc prarr Lr"d d;'ililp b,) cornr€rorar: 2) to enrrxg'{*ffilii'if.n,ffii,fr :-&3y**ffitt:xffiff n;,.,l,Tf #"{!d:.tr*T*fP^pg:$' is apprmnd- m-.pp""rr Eflio.rnsrrJru p.'riririrl-ue inctuded in the next e'a*bhupdete or thc Compthenaive ptrin tena U# ruap a"i G bild;elr( A$reanr$il shail trc rcoordedae an stta*rro:,rt to lhc annexatim ordtnrnor),
ApPli(Ent and ComnruIp..Fffgpm5nt Dirt}ctoi t6 fie€t prlor to fre Gtty Coune[ b discuscDevctoprnqrt ngil.rnont /i,tuc li trlrnc iclli,i til F' v' \
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CASE NC. AI,If{.74-O2.WI8 HHARD gY CALDWELL HEARING EXAMINER, M. JEROME MAPF. AT AAJELIC HEARJNG HELD ON UVCOITFEPAVJi:NE 3,?r]A|
WRITTEN FlNDrt{Br$ oF FACT,CONCLUSIONS OF TA\t' AN O THE RECOMMENDATIOT.J WASON THE OATE NO?ED SELOW,
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Recording requested by and
when recorded return to:
City of Caldwell
Community Development
P.O. Box 1177
Caldwell, ldaho 83605
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For Recording Purposes
Do Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement ('Development Agreement') is made and entered into this
day of , 2002, by and between the City of Caldwell, a municipal
corporation in the State of ldaho, by and through its ltlayor ("Caldwell"), GrapeMne 7, lnc. and
Chris and Arlene Yamamoto ('Applicants").
WHEREAS, the Applicant is the owner of record of certain real estate (the Subject
Property) located in Canyon County, ldaho llng contigious to Caldwell and in its area of city
impact, and more particularlydescribed as follows:
See Exhibit'A", a legal description, attached hereto and incorporated herein bythis
reference; and
WHEREAS, the Property is the subject of an application for annexation and rezone into
the City of Caldwell and identified as Application Number ANN-74-02 ('Annexation Application");
and
WHEREAS, the propertyis within the area of city impact currentlyzoned by Canyon
County as Agriculture; and
WHEREAS, the Applicant desires to rercne the propertyto Caldwell's C-3 (SeMce
Commercial) zone classification for purpose of developing the property as a Recreational
Vehicle Park and for other commercial purposes that are in keeping Wth land uses allowable in
the Service CommercialZone; and
WHEREAS, Caldwell has determined that the efiect of any annexation and rezone upon
the subject property must prevent undue damage to, and otherwise be in harmony with, the
existing sunounding community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's
use and enjoyment of the Property, while at the same time limiting any adverse impacts resulting
from the annexation and rezone of this property upon neighboring properties and the community
and ensuring the Property is developed in a manner consistent with Caldwell's Comprehensive
Plan and City Code; and
Development Agreemenu Yamamoto (Erccutable) - 1
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WHEREAS, Caldwell and Applicant desire to set forth herein limitations and/or conditions
upon the use and development of the Property to be annexed and rezoned C-3 (Service
Commercial);and
WHEREAS, all capitalized terms in this Development Agreement not herein defined shall
have those meanings designated in the Caldwell City Code, the Caldwell Zoning Ordinance, and
the Caldwell Comprehensive Plan;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
Applicant and Caldwell agree as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 Caldwell will adopt an ordinance to annex and rezone the Property that is the subject of
the Annexation Application, subject to the proVsions of this Development Agreement. The
ordinance will become effective after its passage, appror,al, and publication. This Development
Agreement shall be recorded onlyafter the ordinance has become efective and provided the
Applicant is the owner of the Property.
ARTICLE II
CONDITIONS OF THE REZONE AND ANNEXATION
2.1 The Property shall be utilized in the fashion and according to the terms set forth in the
development application for ANN-74-02, to include the bllowing conditions:
a) ln the event the property's legal description is discovered to be inadequate, the Applicant vtill
be responsible for assuming the measures necessary to provide the City an accurate legal
description.
b) The Development Agreement shall be recorded at applicant's expense as a condition of this
annexation.c) The applicant will construct a frontage road parallel to Highway 20126 (Franklin Road) in lieu
of driveway entrances onto Franklin for purpose of serving the parcel's future commercial
clientele. The width and placement of all driveway approaches connecting with Highway
20126 will need ITD review and approval.d) (deleted)
e) On the face of the subdivision preliminary plat a note will be placed that states that the
development will conform to ldaho Code 22-4503, Right to Farm Act.f) Along with the submittal of development plans, the applicant shall provide landscape plans
in keeping with the City's landscaping and tree ordinance. lrrigation water for any and all
landscaping shall be obtained fom Pioneer lrrigation District sources.g) The extension of Smeed Parkway and a proportionate share of the appropriate half right-of-
way according to the Canyon County Functionally Classified Road Map shall be required
along the entire western boundary of the property.h) ln the event a Recreational Vehicle Park is constructed on a portion of Assessor's parcel
R35265, the Applicant agrees to a binding site plan br that development proposal.i) The Applicant agrees to transfer water rights that would otherwise be abandoned to the City
except for those that hale been relinquished to the irrigation proVder(s).
Development AgreemenV Yamamoto (E><ecutable) - 2JJ 7t23t2002
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Note: These development agreement conditions are in addition to the regulations provided for in
the zoning district by ordinance.
ARTICLE III
DEFAULT
3.1 !n the event the Applicant Eils to complywith the commitments set brth herein, within
thirty (30) days of written notice of such failure from Caldwell, Caldwell shall have the right,
without prejudice to any other rights or remedies, to cure such deEult or enjoin such violation
and otherwise enforce the requirements contained in this Derelopment Agreement.
3.2 ln the event either partyto this Agreement shall employlegal counselto protect its rights
under this Development Agreement or is required to proceed in a court oflaw or equity to
enforce any provision of this Development Agreement, the prewiling party shall be
entitled to its reasonable attorney's fees (including any fees on appeal), costs and
expenses incurred in connection with its claim.
ARTICLE IV
UNENFORCEABLE PROVISIONS
4.1 lf this Development Agreement shall be held inwlid or unenforceable, it shall terminate
and the annexation of the land shall divest and the zoning of the Property shall revert to
Canyon County's Agricultural Zoning designation, unless the Derclopment Agreement b
re-negotiated in good faith between the Applicant and Caldwell in accordance with the
notice and hearing proMsions of ldaho Code Section 67-6509.
ARTICLE V
ASSIGNMENT AND TRANSFER
5.1 The Development Agreement shall be recorded in the ofice of the County Recorder at
the expense of the Applicant when the Rezone and Annexation Application has been
finally approved, the ordinance has become efective, and provided the Applicant is the
Property owner.
5.2 The terms and proMsions of the Development Agreement shall be a burden on the
Property, shall be appurtenant to and br the benefit of Caldwell and shall run with the
land.
5.3 This Development Agreement shall be binding on the Applicant, the respectire heirs,
administrators, executors, agents, legal representatires, successors, and assigns;
provided, however, that if all or any portion of the development is sold, the sellers shall
thereupon be released and discharged from any and all obligations in connection with
the property sold arising under this Agreement.
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5.4
Development Agreemeny \6mamoto (E>ecutable) - 3JJ 7t23t2002
The new owner of the Property or any portion thereof (including, without limitation, any
owner who acquires its interest byforeclosure, trustee's sale or otherwise) shall be liable
for all commitments and other obligations arising under this Derelopment Agreement
with respect to the Propertyor portion thereof.
ARTICLE VI
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GENERAL MATTERS
6.1 Amendments. Any alteration or change to this Derelopment Agreement shall be made
only after compllng with the notice and hearing provisions of ldaho Code Section 67-
6509.
6.2.1 Paraoraph Headinqs. This Development Agreement shall be construed according to its
fair meaning and as if prepared by both parties hereto. Titles and captions are for
convenience only and shall not constitute a portion of this Development Agreement. As
used in this Development Agreement, masculine, bminine or neuter gender and the
singular or plural number shall each be deemed to include the others vfierever and
whenever the context so dictates.
6.3 Choice of Law. This Development Agreement shall be construed in accordance raith the
laws of the State of ldaho in efiect at the time of the execution of this Development
Agreement. Anyaction brought in connection Wth this Development Agreement shall be
brought in a court of competent jurisdiction located in Canpn County, ldaho.
6.4 Notices. Any notice which a party may desire to give to another party must be in writing
and may be given by personal delivery, by mailing the same by registered or certifed
mail, return receipt requested postage prepaid, or byFederal Express or other reputable
overnight delivery service, to the partyto whom the notice is directed at the address of
such party set forth below. Notice may be given by facsimile transmission so long as
confirmation of successfultransmission is maintained bythe sending partyand the notice
document is sent to recipient byany other methods herein.
Caldwell Community Development
P.O. Box1177
Caldwell, ldaho 83605
Phone: 455-3021
Fax 455-3050
Applicants:Grapevine 7, lnc.
Kris Freedman, President
10555 Highway 55
Boise, ]D 83703
Phone: 939-8881
Fax: 939-8822
Arlene and Chris Yamamoto
818 Suncrest Lane
Caldwell, ldaho 83605
Phone: 459-7079
Work Phone: 722-6936
Or such other address and to such other persons as the parties mayhereafter designate. Any
Development Agreemenu Yamamoto (Erccutable) - 4JJ 7t23t2002
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such notice shall be deemed gilen upon receipt if by personal delivery, forty-eight (48) hours
after deposit in the United States mail, ifsent by mail pursuant to the bregoing, or tuenty-four
(24) hours after timely deposit with a reputable overnight delivery service. Notice shall be
deemed given upon receipt if by facsimile transmission, so long as the notice document is
received by recipient pursuant to other methods herein.
6.6 Effective Date. This Development Agreement shall be efiective after delivery to each of
the parties hereto of a fully executed original of this Development Agreement.
lN WITNESS WHEREOF, the parties hare executed this Development Agreement
DATED this _ day of _, 2002
CALDWELL:
Ctrv or Cr-owell, a municipal corporation organiad and
existing under the laua of the State of ldaho
Mayor
ATTEST:
City Clerk
DATED this _ day of 2002.
APPLICANT(S): Grapevine 7, !nc.
By:
Kris Freedman, President Graper,ine 7, lnc.
OWNERS: Anr-ere AND CHRs Ylueuoro
By:
Arlene Yamamoto
By:
Development AgreemenU Yamamoto (Executable) - 5JJ 7t23t2002
Chris Yamamoto
o
NRAFT
STATE OF TDAHO )
SS.
County of Canyon )
On this _ day of 2002, before the undersigned notary public in
and for the said state, personallyappeared Garret L. Nancolas, knovtn or identified to me to be
the Mayor of the City of Caldwell and the person who executed the foregoing instrument on
behalf of said City and acknowledged to me that said Cityexecuted the same.
lN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for ldaho
Residing at:
My Commission Expires:_
STATE OF IDAHO )
SS
County of Canyon )
onthis-dayof-,2o02,beforetheundersignednotarypublic
in and for the said state, personallyappeared Kris Freedman known or identified to me to be the
Owner's Representative referenced herein and the person who executed the foregoing
instrument.
lN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for ldaho
Residing
My Commission Expires
sTArE OF tDAHo
)
County of Canyon )
SS
o
Development AgreemenU Yamamoto (E>ecutable) - 6JJ 7t23t2002
al,
oo
DRAFT
onthis-dayof-,2o02,beforetheundersignednotarypublic
in and for the said state, personallyappeared Arlene Yamamoto known or identified to me to be
the owner of the property referenced herein and the person vr,ho executed the foregoing
instrument.
lN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for ldaho
Residino at:
My Commission Expires:_
srArE oF |DAHO
)
County of Canyon )
SS
On this _ day of _, 2002, before the undersigned notary public
in and for the said state, personallyappeared Chris Yamamoto known or identified to me to be
the owner of the property referenced herein and the person who executed the foregoing
instrument.
lN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for ldaho
Residino at:
My Commission Expires:-
Development AgreemenV Yamamoto (E><ecutable) - 7
JJ 7t23t2002
,o
PUtsLIC HEARING COMMENT SHEET
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ANN-]Y'*
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CITY/STATE.EIP:O- /.'l .,e ll -:i--. I\{d)g
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