HomeMy WebLinkAboutAspen Falls Dev Agreement CC ODFebruary 13, 2007
Aspen Falls Subdivision Development Agreement
(ANN-134-06 & SUB-159P-06)
Recording requested by:
City of Caldwell
Planning and Zoning Department
P.O. Box 1177
Caldwell, Idaho 83606
________________________________________________________________________
For Recording Purposes Do
Not Write Above This Line
Development Agreement
Aspen Falls Subdivision
This Development Agreement made and entered into this ___ day of _____________, 2007, by and between the City of Caldwell, a municipal corporation in the State of Idaho (“Caldwell”),
by and through its Mayor, and Melvyn K. and Beverly K. Buel; and, Schell Family Trust; and, Union Land Company (“Owners”/”Applicant(s)”).
WHEREAS, the Owners of record hold certain real estate (“Property”) and hereby authorize Applicants to enter into this agreement with respect to said Property located in the City’s
area of impact and contiguous to the City of Caldwell and more particularly described as follows:
See Exhibit “A”, a legal description, attached hereto and incorporated herein by this reference; and
WHEREAS, the Property is the subject of an application for annexation and zone classification identified as Application Number ANN-134-06; and
WHEREAS, the Property is the subject of an application for preliminary plat approval identified as Application Number SUB-159P-06; and
WHEREAS, the Applicant intends any development of the Property will be as an R-1 (Single Family Residential) subdivision; and
WHEREAS, the property is currently zoned by Canyon County as A (Agriculture); and
WHEREAS, the Applicant is seeking to zone the property to the City of Caldwell’s R-1 (Single Family Residential) Zoning Classification; and
WHEREAS, it is the intent of this Development Agreement to protect the rights of the Applicant’s use and enjoyment of the Property, while at the same time limiting any adverse impacts
resulting from the rezone of this Property upon neighboring properties and the community and ensuring that any development of the Property is in a manner consistent with Caldwell’s
Comprehensive Plan and City Code; and
WHEREAS, Caldwell and Applicant desire to set forth herein limitations and/or conditions upon the use and development of the Property; 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; and
WHEREAS, the annexation and land use zone classification and preliminary plat are subject to a development agreement; and
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 zone the Property subject to the provisions of this Development Agreement. This Development Agreement shall be signed prior to the signing by
the Mayor of the affirmative Order of Decision and ordinance as approved by the Mayor and City Council. The ordinance will become effective after its passage, approval, and publication.
ARTICLE II
CONDITIONS OF THE LAND USE ZONE CLASSIFICATION APPROVAL
2.1 The Property shall be utilized in the fashion and according to the terms set forth in the development application ANN-134-06 and SUB-159P-06 to include the following conditions:
All development applications for the Property must meet all requirements of the Caldwell City Code in effect at the time of application.
If the City of Caldwell has established a design review process at the time of submittal of development application(s) for the Property, the Applicant will be required to go through
the design review process.
In the event the Property’s legal description is discovered to be in error, the Applicant will be responsible for assuming the measures necessary to provide the City with an accurate
legal description.
All development shall be consistent with the City of Caldwell’s Comprehensive Plan. Any flexibility granted shall be consistent with the interests of the City of Caldwell and in substantial
compliance with said Plan.
In accordance with City Code, development will require the construction of street side improvements in any public right-of-way adjacent to the subject property to include curb, gutter,
sidewalk, sub-base and asphalt paving, storm drainage facilities, street lights and water mains. These street improvement features will be required to be incorporated into the design
and construction of all streets located within the development as well.
At the sooner of time of development or within 90 days of a request by the City of Caldwell, the Applicant shall dedicate a 45-foot one-half width public right-of-way (minus existing)
along the entire Farmway Road frontage. Any development will require the street to be improved to a Principal Arterial roadway. The street will be required to be constructed at a width
of 33.0 feet from centerline to back-of-curb and shall feature standard vertical curb, 5-foot wide sidewalks, sub-base and asphalt paving, required storm water drainage facilities and
street lights. Additional right-of-way will be required for right-turn lanes. City of Caldwell Specifications for these improvements will be required to be observed. The street improvements
for each phase shall be completed according to the phase schedule. All street improvements located in Phase 1 shall be completed during construction of Phase 1 and all street improvements
located in Phase 2 shall be completed during construction of Phase 2, etc.
At the sooner of time of development or within 90 days of a request by the City of Caldwell, the Applicant shall dedicate a 45-foot one-half width public right-of-way (minus existing)
along the entire Ustick Road frontage. Any development will require the street to be improved to a Principal Arterial roadway. The street will be required to be constructed at a half-width
of 33.0 feet from centerline to back-of-curb and shall feature standard vertical curb and gutter, 5-foot wide sidewalks, sub-base and asphalt paving, required storm water drainage facilities
and street lights. City of Caldwell Specifications for these improvements will be required to be observed. The street improvements for each phase shall be completed according to the
phase schedule. All street improvements located in Phase 1 shall be completed during construction of Phase 1 and all street improvements located in Phase 2 shall be completed during
construction of Phase 2, etc.
At the sooner of time of development or within 90 days of a request by the City of Caldwell, the Applicant shall dedicate a 30-foot one-half width public right-of-way along the entire
Bear Lane frontage. Any development will require the street to be improved to a Collector roadway. The street will be required to be constructed at a half-width of 20.5 feet from centerline
to back of curb and shall feature standard vertical curb, 5-foot wide sidewalks, sub-base and asphalt paving, required storm water drainage facilities and street lights. City of Caldwell
Specifications for these improvements will be required to be observed. The street improvements for each phase shall be completed according to the phase schedule. All street improvements
located in Phase 1 shall be completed during construction of Phase 1 and all street improvements located in Phase 2 shall be completed during construction of Phase 2, etc.
At the sooner of time of development or within 90 days of a request by the City of Caldwell, the Applicant shall dedicate a 60-foot width public right-of-way along the entire Laster
Lane frontage. Any development will require the street to be improved to a Collector roadway. The street will be required to be constructed at a width of 41.0 feet from back of curb
to back of curb and shall feature standard vertical curb, 5-foot wide sidewalks, sub-base and asphalt paving, required storm water drainage facilities and street lights. City of Caldwell
Specifications for these improvements will be required to be observed. The street improvements for each phase shall be completed according to the phase schedule. All street improvements
located in Phase 1 shall be completed during construction of Phase 1 and all street improvements located in Phase 2 shall be completed during construction of Phase 2, etc.
All roadways shall be built to Caldwell City standards and dedicated for public purpose. Public roadway improvements shall include curb, gutter, sidewalk, sub-base and asphalt paving,
storm drainage facilities, streetlights, and water mains. These street improvement features shall be incorporated into the subdivision as it is developed by phase and shall be constructed
by an appropriately licensed public works contractor.
If specifications to the current street section schedule requirements have been changed by the time of development application, the Applicant shall be required to adhere to the more
stringent requirements at time of development.
A note shall be placed on the Final Plat indicating site approaches to Farmway Road and Ustick Road may be restricted to right-in/right-out in the future.
The Aspen Falls Subdivision is expected to generate 6,843 new vehicle trips per day. 722 of these vehicle trips are expected to be generated in the critical (P.M.) peak hour. Community
Planning Association of Southwest Idaho has computed the average trip length in Canyon County to be 7.3 miles. Traffic impact mitigation should presumably occur at both trip ends so
½ of the trip length should be attributed to each end. It is estimated that trips will encounter a major intersection every half mile along any given path. The capacity of an average
fully improved intersection (assumed to be the intersection of a collector and an arterial road) is estimated to be 5,080 vehicles/hour. Trips generated by the Aspen Falls Subdivision
will utilize: (722 veh trip/hr * 7.3 mi/trip * 0.5 trip ends * 2 intersections/mi)/5,080 veh/hr per avg intersection = 103% of the capacity at an average intersection. This percentage
represents the total capacity used from the intersections encountered by over the development’s half of the generated trip length. Accordingly, the Applicant shall design and construct
a traffic signal to the City of Caldwell Specifications for Signals and Controllers under the review of the Engineering Department at a location to be determined by the City or, if
preferred, contribute 103% of the cost of the average intersection in lieu of construction as estimated by the City Engineer.
The Engineering Department recommends that the intersection of 10th Avenue and Homedale Road be signalized by the developer. This recommendation may be subject to change in location.
The developer shall make the following improvements:
Northbound and Southbound left-turn lanes 14 feet in width at the intersection of Farmway and Homedale.
Southbound and Northbound left-turn and Northbound right-turn lanes at the intersection of Farmway and Laster Lane.
Northbound right-turn lanes at the two site approaches on Farmway. Right-turn lanes shall be accommodated by widening the street half section by 12 additional feet a distance of 75
feet back from the intersections concerned and then tapering back to the standard 33-foot wide centerline to back of curb section.
Left-turn lanes on Farmway should be incorporated into a continuous center turn lane from Ustick to Homedale.
The Applicant shall work with the Sierra Ridge development to install striping for a westbound left-turn lane at the intersection of Ustick and Farmway.
All development shall comply with ACHD Intersection and driveway spacing requirements (Sec 7204) adopted by the City of Caldwell.
Any development will require the Applicant to comply with Idaho State Statute 49-221 regarding clear sight at intersections within and adjacent to the development and other applicable
standards.
The Applicant has participated in a traffic study commissioned by the City of Caldwell. The Applicant will be responsible to construct the improvements noted therein and further improvements
noted by the Engineering Department.
Any development will require the Applicant to keep the City informed of and comply with transportation system improvements requested by Canyon Highway District No.4.
In the course of development, street improvements, traffic mitigation measures or trust investments shall be completed in equitable portions for each phase so that the cost to develop
lots given the overall improvements required is as nearly the same for each phase as is practical. In no case shall the Applicant delay a disproportionate share of the cost to later
phases.
Any development will require the Applicant to meet all requirements set forth in the City of Caldwell Zoning Ordinance.
Any development will require the Applicant to meet all requirements set forth in the City’s Landscaping Ordinance No. 2428 and Tree Ordinance No. 2437.
The Applicant will need to demonstrate that the common lots included in any development on the site are all connected by pathways in keeping with zoning ordinance provision 10-07-05(8).
The Applicant will maintain the site in keeping with the City’s nuisance abatement program until such time as the development is complete. This maintenance will include the semi-annual
mowing of all weeds within the subdivision boundaries and the removal of noxious weeds when they are identified. The developer will apply all appropriate dust abatement procedures
as part of the construction process.
At the time of development the Applicant, will post and maintain a “Rules and Regulations” sign at the entryways to the residential subdivision until it is fully developed. The signs
would be intended for subcontractors performing work and should include: 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 Property.
The Applicant shall identify and retain all historical drainage discharge points from the property for the purpose of draining on site storm water detention facilities.
All development will require compliance with the City of Caldwell Storm Water Management Manual. On site detention facilities shall be required for management of site storm water for
future development except as provided for under said Manual.
All development will require the applicant to connect to the City of Caldwell Municipal Sewer System and comply with the current Dixie Master Plan Update Sewer Study in the construction
of adjacent sewer facilities.
A public utility easement not less than 20 feet in width shall be provided for any sewer lines not in the public right-of-way.
All development will require all easements and/or rights-of-way to be determined and clearly indicated on the Final Plat. A note will be required to be placed on the Final Plat indicating
that all rights-of-way are to be dedicated to the public.
In accordance with City requirements, a note shall be placed on the Final Plat stating that no individual lot will be allowed to take direct access to any classified roadway.
All development will require the Applicant to connect to the City of Caldwell Municipal Water System and comply with the City of Caldwell Water Master Plan as updated including water
main installation on all quarter section line roads.
Irrigation water for the subject property shall be obtained from the appropriate Government Irrigation District and/or groundwater sources, per the Landscape Ordinance Section 10-07-12.
If development occurs, pressure irrigation facilities shall be provided consistent with City and Government Irrigation Provider specifications and dedicated to the applicable government
irrigation provider. Said Government Irrigation provider shall operate pressurized irrigation facilities for the site.
The face of the subdivision final plat shall bear a note stating that the development shall conform to Idaho Code 22-4503, Right to Farm Act.
Any water rights on the property as of the date of this agreement, excepting those held in trust by a government irrigation district, shall not be sold, otherwise transferred to other
parties or abandoned, but shall be transferred to the City of Caldwell for both irrigation and domestic water supply for the subject property. The City of Caldwell will be responsible
for registering the transfer.
The Applicant agrees to participate in any Development Master Plan designed for the area in which the property is located in accordance with the provisions of Caldwell Subdivision Ordinance
No. 1758, Article 2, Section 11-02-03, including planning for water and sewer connections for the development as well as accessibility of these utilities to adjacent properties.
The improvements (including street frontage improvements, curb, gutter and sidewalk) along Bear Lane shall include the two out parcels (one being approximately 500 feet north of the
Center ¼ of Section 4 and the other being approximately 1000 feet south of the Center ¼ of Section 4). Should the property owners of the out parcels refuse to dedicate right-of-way
for improvements, this requirement may be waived by the Engineering Department provided sufficient evidence has been presented showing that all reasonable contact, negotiations and
efforts to secure said right-of-way have been exhausted.
The stormwater facilities in the northwest corner of the development shall have a combination pedestrian path and service road extended to it from Banyan Drive and it shall be planted
with trees or other landscaping that can tolerate the wet/dry conditions expected.
Open space must be useful and improved and shall meet or exceed the Caldwell Landscape Ordinance 5% open space requirement, exclusive of storm water facilities and required buffers.
School bus stops shall be provided that meet the placement location and design requirements listed in the staff report and as specified by Caldwell Transportation Company.
All development shall be subject to the laws and requirements of State and City Code and any and all City Ordinances in place at the time of development.
The Order of Decision for the annexation and land use zone classification and preliminary plat of the Property, including all conditions of approval, is hereby made a part of the development
agreement. In the event there is a discrepancy or conflict, the strictest condition will apply unless specifically stated otherwise in this development agreement.
A temporary easement for master-planned sewer at a width necessary for construction of the same (not less than 30 feet in width) shall be granted and remain in effect until replaced
by right-of-way or a permanent easement.
Dedication of rights-of-way shall be required at the sooner of the time of development or within 90 days of a request by the City of Caldwell. Construction of frontage improvements
shall be required at the time of development and shall be built to the most strict specifications in effect at the time of development or as stipulated herein.
Any note, item or drawing element on plats, construction drawings, engineering drawings and/or design drawings related to the Property inconsistent with City Codes, Policies and/or Ordinances
shall not be construed as approved unless specifically addressed as a variance and granted by City Council as a variance.
Owner hereby voluntarily, knowingly and intentionally waives the rights and privileges set out in Idaho Code 67-6511(d) that might prohibit the City from rezoning the property over Owner’s
objection within four (4) years after granting the zone designation(s) sought in this current Application Number ANN-134-06.
The above development agreement conditions are in addition to the regulations provided for in the zoning district.
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
3.1 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 the Applicant 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
5.1 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 Applicant.
6.2 Each commitment and the restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land.
6.3 This Development Agreement shall be binding on the Applicant and Owners, and their respective heirs, administrators, executors, agents, legal representatives, 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, and such obligations shall be automatically adopted by the buyer of the same.
6.4 The new owner of the 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 Property or 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 below:
Caldwell: Planning and Zoning
P.O. Box 1177
Caldwell, Idaho 83606
Owners: Melvyn K. and Beverly K. Buel
4816 Bear Ln.
Caldwell, Idaho 83607
Schell Family Trust
4621 Farmway Rd.
Caldwell, ID 83607
Union Land Company
1059 E. Iron Eagle, Ste. 155
Eagle, ID 83616
Applicants: Same as Owners
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 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 WEREOF, the parties have executed this Development Agreement.
DATED this ____ day of _________________, 2007
CALDWELL:
CITY OF CALDWELL, a municipal corporation organized and existing under the laws of the State of Idaho
By:_________________________, Mayor
ATTEST:
_____________________________, City Clerk
DATED this ____ day of _________________, 2007
STATE OF IDAHO )
: ss.
County of Canyon )
On this ____ day of __________________, 2007, before the undersigned notary public in and for the said state, personally appeared Garret L. Nancolas, known 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 City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
____________________________________
Notary Public for Idaho
Residing at:__________________________
My Commission Expires:_______________
OWNER and APPLICANT:
Schell Family Trust
By:__________________________
STATE OF IDAHO )
: ss.
County of Canyon )
On this ____ day of __________________, 2007, before the undersigned notary public in and for the said state, personally appeared ____________________, known or identified to me to
be the property owner referenced herein and the person who executed the foregoing instrument on behalf of Schell Family Trust.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
____________________________________
Notary Public for Idaho
Residing at:__________________________
My Commission Expires:_______________
OWNER(S) and APPLICANT(S):
Melvyn K. and Beverly K. Buel
By:__________________________
By:__________________________
STATE OF IDAHO )
: ss.
County of Canyon )
On this ____ day of __________________, 2007, before the undersigned notary public in and for the said state, personally appeared ____________________, known or identified to me to
be the property owners referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
____________________________________
Notary Public for Idaho
Residing at:__________________________
My Commission Expires:_______________
OWNER(S) and APPLICANT(S):
Union Land Company
By:__________________________
STATE OF IDAHO )
: ss.
County of Canyon )
On this ____ day of __________________, 2007, before the undersigned notary public in and for the said state, personally appeared ____________________, known or identified to me to
be the property owners referenced herein and the persons who executed the foregoing instrument on behalf of Union Land Company.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
____________________________________
Notary Public for Idaho
Residing at:__________________________
My Commission Expires:_______________