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HomeMy WebLinkAboutZON-16-04 Cedar Crossing DA (2)DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 1 August 15, 2016 Cedar Crossing Development Agreement (ZON-16-04 & PUD-16P-01) 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 Cedar Crossing This Development Agreement is made and entered into this ___ day of _______________, 2016, by and between the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell, Idaho 83605 (“City” or “Caldwell”) and AWND PROPERTIES, LLC, an Idaho limited liability company, of 2120 E. Lanark Street, Meridian, Idaho 83642 (“Owner” / “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 Rezone submitted by Owner, identified as Application Number ZON-16-04/PUD-16P-01; and WHEREAS, the property is currently zoned by the City of Caldwell as R-1 Low-Density 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 Caldwell Comprehensive Plan Map, and DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 2 WHEREAS, it is the intent of this Development Agreement to protect the rights of Owner’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, and Owner 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 zoning designation requested by 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, Owner and Caldwell agree as follows: ARTICLE I LEGAL AUTHORITY Caldwell will adopt an ordinance to rezone 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 zoning change 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 The Subject Property shall be utilized in the fashion and according to the terms set forth in the development application ZON-16-04, 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 DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 3 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 Dakota Crossing Subdivision #3 shall be in substantial compliance with the submitted preliminary plat of Case File Exhibit A-3 and submitted landscape plan of Case File Exhibit A-12. Any substantial deviations, as determined by the Planning & Zoning Director, from said Case Files Exhibit A-3 and A-12 shall require City Council approval through a public hearing. 6. Dedicate 35 feet of right-of-way measured from the centerline of Florida Avenue, abutting the site. The right-of-way shall be dedicated either at time of future development or within 90 days of a request from the city, whichever occurs earlier. 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. Construct Florida Avenue to include a minimum 23 foot half width street centerline to back of curb. The street shall feature standard 6” vertical curb and gutter, 7 foot sidewalks, sub-base and asphalt paving, required storm water drainage facilities and streetlights. Improvements shall extend the full length of the Florida Avenue frontage. The City Engineer may waive this requirement if he determines it has already been satisfied. 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. The development, design, and construction of all landscaping within Cedar Crossing Subdivision #3 and its rights-of-ways shall be in substantial compliance with the submitted landscape plan of Case File Exhibit A-12. 12. Comply with all City Engineering Department requirements as stated in Case File Exhibit PA-1 and as amended in Exhibit PA-2. 13. Construction of the clubhouse including a fitness room, community gathering space, playground, covered patios, and swimming pool as described in Case File Exhibit A-2 DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 4 shall be constructed as part of the first phase of the project. 14. A school bus stop plan shall be submitted to the Planning and Zoning Department prior to submitting the first final plat. 15. A 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. 16. In accordance with City Code, the internal streets shall be constructed to public roadway standards and dedicated as public streets. This includes, but is not limited to: storm drainage facilities, street lights, a pressurized irrigation system and fire hydrants. 17. Intersection and driveway spacing shall comply with ACHD Intersection and driveway spacing requirements (Sec 7204) adopted by the City of Caldwell. 18. All street, sewer, water, fire protection, and street light facilities in the public right-of-way must be dedicated to the City. 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 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 minimum rear setbacks for Lots 37-40, Block 10 shall be reduced from 15 feet to no less than 10 feet. 21. Provide a minimum of 4 garbage collection facilities (dumpsters) as shown in Case File Exhibit A-3. 22. The rear property line adjacent to the single family residential dwelling units shall have a 20-foot minimum rear setback. 23. Provide a cross-access easement allowing use of approaches and cross-access of the site by both onsite and adjacent development. This requirement shall be noted on the final plat. 24. The owner/developer/applicant shall design and construct roughly 11.6% 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 11.6% of the signalization improvements needed for an DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 5 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%. i) 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. ii) Improvements needed at and near the intersection of Karcher Rd. and Florida Ave. may be considered in lieu of some part or all traffic mitigation requirements. Measures that may qualify for this purpose include: (1) Added right-of-way and widening to accommodate the turn lanes (a) Right-of-way provided for this purpose should be credited toward signal mitigation at raw land value. (b) Added Asphalt above the minimum required shall be credited based on actual cost or contract bid. iii) The average cost of intersection is estimated at $425,000 for procurement of design services, construction, and associated costs by the City, of which 11.6% ($49,300) of that cost is what needs to be covered by this subdivision. 25. 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. 26. 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 Owner 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. DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 6 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 Owner. 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 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. DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 7 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 DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 8 ______________________________________ By: GARRET NANCOLAS, Mayor Attest: _______________________________ DEBBIE GEYER, Caldwell City Clerk STATE OF IDAHO ) ) ss. COUNTY OF CANYON ) On this _____ day of _______________, 2016, 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 DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 9 “OWNER” AWND PROPERTIES, LLC __________________________________________ By: _______________________________________ Its: _______________________________________ STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this _____ day of _______________, 2016, 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 AWND PROPERITES, 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 DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 10 EXHIBIT “A” A parcel of land located in the NW ¼ NE ¼ of Section 14, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows: COMMENCING at the NW corner of said NW ¼ NE ¼ (North ¼ corner Section 14), said corner bears N. 00°00’00” E., 2646.93 feet from the SW corner of said NE ¼ (Center ¼ corner Section 14); thence S. 00°00’00” W., 302.75 feet along the west boundary of said NW ¼ NE ¼, to the southwesterly corner of Legacy Falls Subdivision No. 1 on file in Book 42 of Plats at Page 19, Official Records of Canyon County, Idaho, said point being the POINT OF BEGINNING; thence along the southerly boundary of said Legacy Falls Subdivision No. 1 the following courses and distances: N. 90°00’00” E., 40.00 (formerly 40.05) feet; thence S. 30°57’44” E., 64.93 feet to the beginning of a tangent curve left, having a radius of 175.00; thence 176.81 (formerly 176.84) feet along the arc of said curve, through a central angle of 57°53’13” (formerly 57°53’48”), the long chord of which bears, S. 59°54’20” E., 169.38 (formerly 169.41) feet; thence S. 88°50’57” E., 55.47 feet to the corner of said Legacy Falls Subdivision No. 1; thence leaving said southerly boundary and continuing, S. 88°50’57” E., 147.86 feet; thence N. 89°46’40” E., 195.36 feet to the beginning of a tangent curve right, having a radius of 180.00 feet; thence 91.68 feet along the arc of said curve, through a central angle of 29°10’57”, the long chord of which bears, S. 75°37’51” E. (formerly S. 75°37’54” E.), 90.69 feet; thence S. 18°11’48” W. (formerly S. 18°09’36” W.), 34.06 feet to a point on the centerline of the Phyllis Canal and the beginning of a non-tangent curve right, having a radius of 293.00 feet; thence along said centerline of the Phyllis Canal the following courses and distances: 160.43 feet along the arc of said curve, through a central angle of 31°22’16”, the long chord of which bears, S. 49°37’16” E., 158.43 feet to a point; thence S. 33°56’08” E., 318.17 feet to the beginning of a tangent curve right, having a radius of 353.00 feet; thence 181.45 feet along the arc of said curve, through a central angle of 29°27’07”, the long chord of which bears, S. 19°12’35” E., 179.46 feet; thence S. 04°29’01” E., 167.75 feet to the beginning of a tangent curve left, having a radius of 223.00 feet; thence 176.04 feet along the arc of said curve, through a central angle of 45°13’46”, the long chord of which bears, S. 27°05’54” E., 171.50 feet; thence S. 49°42’46” E., 18.99 feet to a point on the northerly boundary of Cedar Crossing No. 2 Subdivision on file in Book 43 of Plats at Page 10, Official Records of Canyon County, Idaho; thence leaving said centerline of the Phyllis Canal and along the northerly boundary of said Cedar Crossing No. 2 Subdivision the following courses and distances: N. 86°54’58” W., 144.62 feet; thence N. 83°31’18” W., 5.73 feet; thence N. 80°22’42” W., 52.18 feet; thence N. 76°21’44” W., 21.81 feet; thence N. 73°13’09” W., 36.11 feet; thence N. 69°09’13” W., 38.80 feet; thence N. 67°44’46” W., 28.26 feet; thence N. 72°24’14” W., 34.63 feet; thence N. 80°47’13” W., 66.01 feet; thence N. 76°03’26” W., 8.24 feet; thence N. 90°00’00” W., 56.00 feet to the NW corner of said Cedar Crossing No. 2 Subdivision and the NE corner of Cedar Crossing No. 1 Subdivision on file in Book 41 of Plats at Page 19, Official Records of Canyon County, Idaho; thence continuing along the northerly boundary of said Cedar Crossing No. 1 Subdivision, N. 90°00’00” W., 677.00 feet to the NW corner of said Cedar Crossing No. 1 Subdivision and a point on the west boundary of said NE ¼; thence N. 00°00’00” E., 623.15 feet along said west boundary; thence N. 88°21’39” E., 201.19 feet; thence N. 00°06’30” E., 160.00 feet; thence N. 88°50’35” DEVELOPMENT AGREEMENT (CEDAR CROSSING REZONE) – PAGE 11 W., 16.87 feet to the beginning of a tangent curve right, having a radius of 180.00 feet; thence 85.27 feet along the arc of said curve, through a central angle of 27°08’35”, the long chord of which bears, N. 75°16’18” W., 84.48 feet; thence N. 61°42’00” W., 88.41 feet; thence N. 90°00’00” W., 25.00 feet to a point on the west boundary of said NE ¼; thence N. 00°00’00” E., 134.19 feet along said west boundary to the POINT OF BEGINNING. This parcel contains 18.20 acres, more or less.