Loading...
HomeMy WebLinkAboutANN-18-04 Adams Ridge DAAugust 1, 2018 Adams Ridge Development Agreement (ANN-18-04) Recording requested by: City of Caldwell Community Development P.O. Box 1177 Caldwell, Idaho 83605 For Recording Purposes, Do Not Write Above This Line Development Agreement Adams Ridge This Development Agreement is made and entered into this ___ day of _______________, 2018, by and between the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell, Idaho 83605 (“City” or “Caldwell”), ADAMS FAMILY FARMS LLC, an Idaho limited liability company of 5598 N. Eagle Road Suite 102, Boise, Idaho, 83713 (“Owner”), and PROVIDENCE PROPERTIES LLC, an Idaho limited liability company of 701 S. Allen Avenue #104, Meridian, Idaho, 83642 (“Developer”). WHEREAS, Owner is the owner of record of certain real property (the “subject property”) located in the City’s area of impact and contiguous to the City, more particularly described as follows: See Exhibit “A”, a legal description, attached hereto and incorporated herein by this reference. WHEREAS, the Subject Property is the subject of an Application for Annexation submitted by Developer, with the consent of Owner, identified as Application Number ANN-18-04; and WHEREAS, Developer and Owner intend that any future development of the Subject Property will be as Residential and Commercial; and WHEREAS, the Subject Property is currently zoned by Canyon County as A (Agricultural); and WHEREAS, Developer seeks to zone the property to the City of Caldwell’s R-2 (Medium Density Residential) and C-2 (Community Commercial) Zoning Classifications; and WHEREAS, it is the intent of this Development Agreement to protect the rights of Owner and Developer’s use and enjoyment of the Property, while at the same time limiting any adverse impacts resulting from the zoning of this property upon neighboring properties and the community, and ensuring that any future development of the property is in a manner consistent with Caldwell’s Comprehensive Plan and City Code; and WHEREAS, Caldwell, Owner and Developer desire to set forth herein limitations and/or conditions upon the use and future development of the Property; 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; WHEREAS, the annexation and zoning designation requested by Developer and/or Owner with respect to the Subject Property, if granted by the City, will only be granted upon execution of this Development Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, Developer, Owner and Caldwell agree as follows: ARTICLE I LEGAL AUTHORITY Caldwell will adopt an ordinance to annex and designate zoning for the Subject Property, subject to the terms and conditions of this Development Agreement. This Development Agreement shall be signed before an affirmative Order of Decision by the Mayor and City Council permitting the annexation and zoning designation will be signed into effect by the Mayor. The ordinance will become effective after its passage, approval, and publication. ARTICLE II CONDITIONS OF THE ANNEXATION The Subject Property shall be utilized in the fashion and according to the terms set forth in the development application ANN-18-04, to include the following conditions: 1. All future development applications for the Subject Property must meet all requirements of the Caldwell City Code in effect at the time of application. 2. If the City of Caldwell has established a design review process at the time of submittal of development application(s) for the subject property, the applicant will be required to go through the design review process. 3. In the event the Subject Property’s legal description is discovered to be in error, the Developer and/or Owner will be responsible for assuming the measures necessary to provide the City with an accurate legal description of the Subject Property. 4. Planned and future development shall be consistent with the City of Caldwell Comprehensive Plan. 5. The development, design, and construction of Adam’s Ridge Subdivision shall be in substantial compliance with the submitted preliminary plat of Case File Exhibit A-3. Any substantial deviations, as determined by the Planning & Zoning Director, from said Case Files Exhibit A-3 shall require City Council approval through a public hearing. This shall allow certain latitude for adjustment of lot lines located within the proposed commercially zoned areas. 6. The development, design, and construction of Adam’s Ridge Subdivision shall be in substantial compliance with the submitted landscape plan of Case File Exhibit A-12. Any substantial deviations, as determined by the Planning & Zoning Director, from said Case File Exhibit A-12 shall require City Council approval through a public hearing. 7. Storm water requirements shall be as noted in Chapter 11 of Caldwell City Code. 8. All easements shall be in accordance with Section 11-03-05 of Caldwell City Code. 9. The development shall utilize cluster mailboxes for delivery of mail. Individual mailboxes shall not be allowed. A cluster mailbox placement plan shall be submitted to the planning and zoning department showing coordination with the United States Postal Services prior to submitting the first final plat. 10. The applicant shall post and maintain a “Rules and Regulations” sign at the entryways to the residential subdivision until it is fully developed. The signs are intended for subcontractors performing work within the subdivision, and shall include the following statements: 1) no dogs; 2) no loud music; 3) no alcohol or drugs; 4) no abusive language; 5) dispose of personal trash and site debris; 6) clean up any mud and/or dirt that is deposited from the construction parcel onto streets; 7) installation of a temporary construction fence that would keep debris from being blown off site by the wind; 8) no burning of construction or other debris on the Subject Property. 11. Dedicate as public right-of-way a minimum forty-eight (48) foot half width right-of-way (from centerline) along the entire Ustick Road alignment per City Standard R-810 A. Right-of-Way shall be dedicated at time of development or within 90 days of the request of the City, whichever occurs earlier. 12. Dedicate as public right-of-way a minimum forty-eight (48) foot half width right-of-way (from centerline) along the entire Midland Road alignment per City Standard R-810 B. Note that Midland Boulevard is NOT currently under City Jurisdiction and requirements may vary from City standards. Written approvals must be acquired by the developer through the appropriate highway district. Copies of said approvals shall be submitted to the City with each phase of development that fronts Midland Boulevard. Right-of-Way shall be dedicated at time of development or within 90 days of the request of the City, whichever occurs earlier. 13. Dedicate as public right-of-way a minimum thirty-five (35) foot half width right-of-way (from centerline) along the entire Laster Lane and Santa Ana Avenue alignments per City Standard R-810 C. Right-of-Way shall be dedicated at time of development or within 90 days of the request of the City, whichever occurs earlier. 14. Right-of-way at the intersection of Midland Boulevard and Ustick Road will be required to be dedicated to match what is needed for the construction of the proposed roundabout. Right-of-way at all other intersections of classified roads shall include a right hand taper per City standards R-810 F, G, & H. Right-of-Way shall be dedicated at time of development or within 90 days of the request of the City, whichever occurs earlier. 15. All interior local streets classified as residential shall be dedicated to the City. The applicant shall dedicate as public right-of-way a minimum fifty-three (53) foot full width right-of-way (per City Standard R-810 E). Right-of-Way shall be dedicated at time of development or within 90 days of the request of the City, whichever occurs earlier. 16. A note shall be placed on the Final Plat indicating that all rights-of-way are to be dedicated to the public. 17. Improve Laster Lane and Santa Ana Avenue to include a minimum 23 foot half width street centerline to back of curb. Where there is no existing road, the developer is responsible for paving a 24 foot wide asphalt section (minimum) to allow 2-12 foot lanes for passing cars. The street shall feature standard 6” vertical curb and gutter, 7 foot attached sidewalks (5 foot detached), sub-base and asphalt paving, required storm water drainage facilities and streetlights. Improvements shall extend the full length of both frontages. 18. Improve Ustick Road to include a minimum 35 foot half width street centerline to back of curb. The street shall feature standard 6” vertical curb and gutter, 7 foot attached sidewalks (5 foot detached), sub-base and asphalt paving, required storm water drainage facilities and streetlights. Improvements shall extend the full length of the Ustick Road frontage. 19. Improve Midland Boulevard to include a minimum 35 foot half width street centerline to back of curb OR unless otherwise directed by the appropriate highway district for that section of roadway. The street shall feature standard 6” vertical curb and gutter, 7 foot attached sidewalks (5 foot detached), sub-base and asphalt paving, required storm water drainage facilities and streetlights. Improvements shall extend the full length of the Midland Boulevard frontage. 20. Any classified road (principal arterial, minor arterial, or collector) intersecting with another classified road shall include the appropriate right hand taper per City standards R-810 F, G, & H. Length of taper is based on road classification and posted speed limit. 21. Any approaches requested onto any classified street shall meet all requirements as specified in the Caldwell Access Control Standards for State Administered Highways and City Administered Surface Streets Ordinance AND shall meet the requirements of any other agencies that have jurisdiction of any of those roadways. 22. ProProvide a cross-access easement allowing use of approaches and cross-access of the site by both onsite and adjacent development, primarily in the non-residential areas (as applicable). This requirement shall be noted on the final plat. 23. The owner/developer/applicant shall design and construct roughly 187% of the signalization improvements needed for an average intersection, as defined, at one or more nearby (within 3.5 miles of the site) deficient locations to be determined by Engineering staff. The Engineering staff shall have reasonable discretion to determine the sites of construction and what design and construction equals roughly 187% of the signalization improvements needed for an average intersection. Engineering staff can provide information about applications with whose mitigation efforts the owner/developer/applicant can combine to achieve even units of 100. The owner/developer/applicant may be allowed, at his option, to contribute monies in lieu of construction to the City of Caldwell Roadway Trust Fund, but the basis for the obligation is for construction. Monetary contributions must be made at a level commensurate with costs to construct the same by the City and as estimated by the City. This alternate provision for payment of money is not a requirement, is for the benefit and convenience of the owner/developer/applicant only and does not constitute an Impact Fee. Improvements needed at and near the intersection of Ustick Rd. and Midland Blvd. may be considered in lieu of some part or all traffic mitigation requirements. Measures that may qualify for this purpose include: Added right-of-way and widening to accommodate the turn lanes Right-of-way provided for this purpose should be credited toward signal mitigation at raw land value. Added Asphalt above the minimum required shall be credited based on actual cost or contract bid. The average cost of intersection is estimated at $425,000 for procurement of design services, construction, and associated costs by the City, of which 187% of that cost is what needs to be covered by this subdivision. 24. All requirements from the Fire Department for access, turnarounds, emergency access, water supply, fire hydrants, etc. shall be met in the development and/or platting of the subject property. Final approval of the location and number of fire hydrants within the development shall be determined by the Fire Marshal and take place by phase at the time of submittal of applicable construction drawings for each phase. 25. Construction and landscaping of the proposed paved pathways shall be in substantial compliance with the submitted landscape plan (see Exhibit A.12). The major pathway along the Middle Lateral shall be a minimum of 8 feet wide. 26. Provide a minimum of 3 tot-lots/play areas within the single-family residential area. There shall be a tot-lot/play area located within the following lots as shown on the submitted site plan (See Exhibit A-11): Lot 1 Block 3, Lot 1 Block 16, Lot 38 Block 8; and one within the apartment complex area. 27. All dead end streets shall have signage installed indicating that they are to be extended in the future. 28. All dead end streets more than 150 feet in length that are to be continued in the future shall have a temporary turnaround easement. Any residential lot encumbered within any portion of a temporary turnaround easement shall be unbuildable until such time that said easement is vacated. 29. The Certificate of Occupancy for the Swimming Pool and Clubhouse located within Lot 1 Block 16 as shown on the submitted site plan (Exhibit A-3) shall be issued prior to the City Engineer’s signature on the Final Plat for the 7th Phase. 30. A school bus stop plan shall be submitted to the Planning and Zoning department showing coordination with the Vallivue School District prior to submittal of the first final plat. 31. Adhere to all comments and recommendations made by the Engineering Department as described in Exhibit PA-4 of Case File Number SUB-18P-04. 32. In the event that any provisions of this agreement are more or less strict than the City Code or other law or regulations in place at the time of development, the more stringent requirements shall apply. 33. The above Development Agreement conditions are in addition to all other regulations provided for in the zoning district. ARTICLE III AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owners of the Property agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A is incorporated herein by reference. ARTICLE IV DEFAULT 4.1 In the event Developer fails to comply with the commitments set forth 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 default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement. 4.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, the prevailing party shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys’ fees and court costs as the Court shall determine. ARTICLE V UNENFORCEABLE PROVISIONS If any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall terminate and the zoning of the property shall revert to the city of Caldwell’s original land designations as set forth in the master plan, unless the portion of this instrument determined to be invalid or unenforceable is re-negotiated in good faith between the applicant (or other appropriate party) and Caldwell as an amendment to the Development processed in accordance with the notice and hearing provisions of Idaho Code Section 67-6509. ARTICLE VI ASSIGNMENT AND TRANSFER 6.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Developer. 6.2 Each commitment and the restriction on the development shall be a burden on the Subject Property, shall be appurtenant to and for the benefit of the Subject Property, adjacent property, and other residential property near the Subject Property, and shall run with the land. 6.3 This Development Agreement shall be binding on the Developer and Owner, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns. 6.4 Any new or subsequent owner of the Subject Property, or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee’s sale or otherwise), shall be liable for all commitments and other obligations arising under this Agreement with respect to the Subject Property or any portion thereof. ARTICLE VII GENERAL MATTERS 7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of the Idaho Code Section 67-6509. 7.2 Paragraph Headings. 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, feminine, or neutral gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Canyon County, Idaho. 7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal deliver, by mailing the same by registered or certified mail, return receipt requested postage repaid, or by Federal Express or other reputable overnight delivery service to the party to whom the notice is directed at the address of such party set forth hereinabove, or such other addresses and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt If by personal delivery, forty-eight (48) hours after deposit in the United States mail, if send by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service. 7.5 Representation by Counsel. All parties hereto have either: (i) been represented by separate legal counsel; or (ii) have had the opportunity to be so represented. Thus, in all cases, the language herein shall be construed simply and in accordance with its fair meaning and not strictly for or against a party, regardless of which party prepared or caused the preparation of this Development Agreement. 7.6 Authority of Signatory. Each of the persons executing this Development Agreement on behalf of the parties hereto warrant his or her authority to do so and to bind said represented party. 7.7 Effective Date. This Development Agreement shall be effective after delivery to each of the parties hereto of a fully executed original of this Development Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the date and year set forth hereinabove. “CITY” THE CITY OF CALDWELL ______________________________________ By: GARRET NANCOLAS, Mayor Attest: _______________________________ DEBBIE GEYER, Caldwell City Clerk STATE OF IDAHO ) ) ss. COUNTY OF CANYON ) On this _____ day of _______________, 2018, before me the undersigned, a Notary Public in and for said State personally appeared GARRET NANCOLAS and DEBBIE GEYER, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Caldwell, Idaho, an Idaho municipal corporation, that executed the said instrument, and acknowledged to me that such city executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. __________________________________ NOTARY PUBLIC FOR IDAHO Residence: _________________________ My Commission Expires: _____________ *SEAL “OWNER” ADAMS FAMILY FARMS LLC ______________________________________________________ By: __________________________________________________ Its: __________________________________________________ STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this _____ day of _______________, 2018, before me the undersigned, a Notary Public in and for said State personally appeared __________________________, known or identified to me to be the manager or a member of ADAMS FAMILY FARMS LLC, the limited liability company that executed the instrument, or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. __________________________________ NOTARY PUBLIC FOR _____________ Residence: _________________________ My Commission Expires: _____________ *SEAL “DEVELOPER” PROVIDENCE PROPERTIES LLC ______________________________________________________ By: __________________________________________________ Its: __________________________________________________ STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this _____ day of _______________, 2018, before me the undersigned, a Notary Public in and for said State personally appeared __________________________, known or identified to me to be the manager or a member of PROVIDENCE PROPERTIES LLC, the limited liability company that executed the instrument, or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. __________________________________ NOTARY PUBLIC FOR _____________ Residence: _________________________ My Commission Expires: _____________ *SEAL Exhibit “A” A parcel of land being Government Lots 1 and 2, the Southwest 1/4 of the Northeast 1/4 and a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, Township 3 North, Range 2 West, Boise Meridian, Canyon County, Idaho and being more particularly described as follows: BEGINNING at a found brass cap marking the north 1/4 corner of said Section 5, thence following the northerly line of the Northeast 1/4 of said Section 5, S89°37’36”E a distance of 2,655.47 feet to a found brass cap marking the northeast corner of said Section 5; Thence leaving said northerly line and following the easterly line of said Northeast 1/4, S00°32’09”W a distance of 2,447.68 feet to a point; Thence leaving said easterly line, N89°37’22”W a distance of 450.00 feet to a point; Thence S00°32’09”W a distance of 193.60 feet to a point on the southerly line of said Northeast 1/4; Thence following said southerly line, N89°37’22”W a distance of 2205.71 feet to a found brass cap marking the Center of said Section 5; Thence leaving said southerly line and following the westerly line of said Northeast 1/4, N00°32’27”E a distance of 2,641.10 feet to the POINT OF BEGINNING. Said parcel contains a total of 159.017 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied.