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HomeMy WebLinkAboutAspens ODAspens Subdivision #5 Development Agreement Original_________ 1 October 21, 2013 Aspens Subdivision #5 Development Agreement Case No. ZON-88-13 (17.10 Acres) Recording requested by: City of Caldwell Planning & Zoning Department P.O. Box 1177 Caldwell, Idaho 83605 ________________________________________________________________________ For Recording Purposes Do Not Write Above This Line Development Agreement Aspens Subdivision This Development Agreement made and entered into this ____ day of __ _____, 20__, by and between the City of Caldwell, a municipal corporation in the State of Idaho (“Caldwell”), by and through its Mayor, and Corey Barton (“Applicant”). WHEREAS, the Applicant is the owners of record of certain real estate (The Subject 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 rezone identified as Case Number ZON-88-13; and WHEREAS, the property is currently zoned by the City of Caldwell as R-1 Single-Family Residential; and WHEREAS, the property is currently classified as Low Density Residential on the Caldwell Comprehensive Plan Map; and WHEREAS, the property is proposed to be rezoned to R-2 Medium Density Residential; and WHEREAS, the property is proposed to be classified as Medium Density Residential on the Comprehensive Plan Map; 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 and development of this property upon Aspens Subdivision #5 Development Agreement Original_________ 2 neighboring properties and the community and ensuring the property is developed in a manner consistent with Caldwell’s Comprehensive Plan and City Code; and WHEREAS, Caldwell and Applicant desires 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; WHEREAS, the rezone is subject to a development agreement; 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 rezone the Property subject to the provisions of this Development Agreement and provided the Applicants are the owners of the Property. This Development Agreement shall be signed before an affirmative Order of Decision by the Mayor and City Council permitting the rezone will be signed into effect by the Mayor. The ordinance will become effective after its passage, approval, and publication. ARTICLE II CONDITIONS OF THE REZONE 2.1 The Property shall be utilized in the fashion and according to the terms set forth in the development application ZON-88-13 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 applicants will be required to go through the design review process. 3. In the event the property’s legal description is discovered to be in error, the applicants will be responsible for assuming the measures necessary to provide the City with an accurate legal description. Aspens Subdivision #5 Development Agreement Original_________ 3 4. Planned and future development shall be consistent with the City of Caldwell Comprehensive Plan. Any flexibility granted shall be consistent with the interests of the City of Caldwell and in substantial compliance with said Plan. 5. In accordance with City Code, construction of street side improvements are required in any public right-of-way internal or 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 shall be incorporated into the design and construction of all streets located within the development. A designated right turn lane shall be constructed by the contractor at the time of development at the intersection of Florida and Homedale on Florida southbound. 6. The applicant shall, at the time of development or within 90 days of a request by the City of Caldwell, dedicate a 40-foot one-half width right-of-way (minus existing) along the entire easterly property boundary in conjunction with the Florida Avenue frontage and the entire southerly boundary in conjunction with the Homedale Road frontage. Stormwater drainage facilities and streetlights shall be installed to accommodate the Florida Avenue and Homedale Road frontage build-out. The City of Caldwell Specifications for these improvements shall be observed. Drainage from Florida Avenue and Homedale Road may be placed in temporary swales or drainage facilities on the subject property and converted at the time of development at the developer’s expense to permanent storm water facilities. 7. At the time of development or within 90-days of a request by the City of Caldwell, applicant shall dedicate 30-feet of right-of-way along the easterly property line of the subject site to the City for the purpose of a public pathway and other public improvements to be constructed by the developer and then operated and maintained by the City of Caldwell after dedication. 8. At the time of development or within 90-days of a request by the City of Caldwell, applicant shall dedicate right-of-way on the northwest corner of Homedale Road and Florida Avenue to properly accommodate future intersection improvements which may include a roundabout as delineated in Exhibit A attached to this document. The City will identify the proposed right-of-way needed. 9. For interior streets, the applicant shall dedicate a minimum 56 foot full right-of- way width unless a planned unit development is approved by the City Council in which case the minimum right-of-way width may be reduced to 51 feet. The streets shall be constructed at a minimum width of 37 feet to back of curb. The streets shall feature 3” rolled curb, gutter, 4 foot sidewalks, sub-base and asphalt paving, required storm drainage facilities and streetlights. Aspens Subdivision #5 Development Agreement Original_________ 4 10. All roadways, planned and future, 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 and shall be constructed by an appropriately licensed public works contractor. Developer shall coordinate with the City Engineering Department to evaluate the possibility of adding traffic control measures in specific locations to proposed and/or existing streets within the subdivision (i.e. bulb-outs and signage) as discussed in City Council on 9-16- 2013. If traffic control measures are warranted, they shall be constructed by the contractor. 11. All street improvements shall be constructed to City of Caldwell specifications including curb, gutter, sidewalk, sub-base, asphalt paving, storm water drainage facilities, and street lights. 12. Intersection and driveway spacing shall comply with ACHD Intersection and driveway spacing requirements (Sec 7204) adopted by the City of Caldwell. 13. Construction of dedicated facilities shall be performed by an appropriately licensed public works contractor. 14. All street, sewer, water, fire protection and street light facilities must be dedicated to the City. 15. The applicant shall 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. The engineer of record shall submit electronic DWG files and reproducible mylar as-built drawings suitable for blue line reproduction for the purpose of establishing that this has occurred. 16. The applicant shall comply with Idaho Code 49-221 regarding clear sight at intersections within and adjacent to the development and other applicable standards. 17. The applicant shall develop the site in keeping with provisions of the City’s Landscaping Ordinance and Tree Ordinance. 18. The applicant shall work with the City to provide connectivity from rights-of-way and adjacent common areas to the proposed pathway system along the easterly property line of the subject property. 19. The applicant will maintain the development in keeping with the City’s nuisance abatement program until such time as the development is complete. This Aspens Subdivision #5 Development Agreement Original_________ 5 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. 20. 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 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. 21. 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. 22. The applicant shall clearly identify upstream drainage and downstream water supplies that may cross the property and perpetuate the same as part of this development. 23. Planned and future development will require compliance with the City of Caldwell Storm Water Management Manual. 24. The applicant shall connect to the City of Caldwell Municipal Sewer System and comply with the revised Dixie Interceptor Sewer Study in the construction of adjacent sewer facilities. 25. The applicant shall provide a temporary 30 foot easement (where applicable) centered over any required sewer trunk line extension alignments to facilitate connection by adjacent developments. The temporary easement shall be retained until replaced by a permanent easement or recorded public right-of-way. 26. A public utility easement not less than 20 feet in width shall be provided for any sewer or water lines not in the public right-of-way. A public utility easement of not less than 30 feet shall be provide for combined sewer and water mains not in a public right-of-way 27. All easements and/or rights-of-way shall be determined and clearly indicated on the Final Plat. A note shall be placed on the Final Plat indicating that all rights-of- way are to be dedicated to the public. 28. 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 Florida Avenue and Homedale Road. Aspens Subdivision #5 Development Agreement Original_________ 6 29. The applicant shall connect to the City of Caldwell Municipal Water System and comply with the City of Caldwell Water Master Study as updated. 30. Per the Landscape Ordinance, irrigation water for the subject property shall be obtained from the appropriate Government Irrigation District and/or groundwater sources. Pressure irrigation facilities shall be provided consistent with City and Caldwell Municipal Irrigation District specifications and dedicated to the applicable government irrigation provider. Said Government Irrigation provider shall operate pressurized irrigation facilities for the site. 31. 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 or 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 shall be responsible for registering the transfer. 32. The applicant agrees to participate in any development master plan (i.e. Public Facilities Plan, Pathways & Bike Routes Plan, etc.) designed for the area in which the property is located in accordance with the provisions of Caldwell Subdivision Ordinance, including planning for water and sewer connections for the development as well as accessibility of these utilities to adjacent properties. 33. The applicant shall provide upon submittal of the Final Plat an electronic copy of said document suitable for mapping and addressing purposes. 34. The applicant shall provide upon recordation of the Final Plat a reproducible Mylar copy of said document to the Engineering Department. 35. The entire development shall be subject to the laws and requirements of State and City Code. 36. The above development agreement conditions are in addition to the regulations provided for in the zoning district. 37. As a material part of this Development Agreement, the Parties acknowledge that the rezoning of the property to R-2 Medium Density Residential is for the sole purpose of lot size adjustments and not for the purpose of constructing, using or engaging in any land use associated with R-2 Medium Density Residential zoning. The applicant intends to construct and allow others to construct single- family residential dwellings on the lots within Aspens Subdivision #5. Any permitted uses in the R-2 Medium Density Zone, other than a single family dwelling and open space, shall be required to obtain a special use permit. Aspens Subdivision #5 Development Agreement Original_________ 7 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 sixty (60) 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 UNENFORCABLE 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 Comprehensive Plan Map, 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 Applicants. Aspens Subdivision #5 Development Agreement Original_________ 8 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 Applicants 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: Aspens Subdivision #5 Development Agreement Original_________ 9 Caldwell: Caldwell Planning & Zoning Department P.O. Box 1177 Caldwell, Idaho 83605 Phone: 455-3021 Fax: 455-3050 Owners: Corey Barton P.O. Box 369 Meridian, Idaho 83650 Phone: 230-1202 Fax: 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. Aspens Subdivision #5 Development Agreement Original_________ 10 IN WITNESS WEREOF, the parties have executed this Development Agreement. DATED this ____ day of _________________, 20__ 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 _________________, 20__ STATE OF IDAHO ) : ss. County of Canyon ) On this ____ day of __________________, 20__, before the undersigned notary public in and for the said state, personally appeared Garret L. Nancolas, known or identified to me to b 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:_______________ Aspens Subdivision #5 Development Agreement Original_________ 11 APPLICANT: Corey Barton By:__________________________ By:__________________________ STATE OF IDAHO ) : ss. County of Canyon ) On this ____ day of __________________, 20__, 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 Corey Barton. 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:_______________