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HomeMy WebLinkAboutZON-17-02 (Linden & KCID Rezone) DA (2)DEVELOPMENT AGREEMENT (LINDEN & KCID REZONE) – PAGE 1 July 14, 2017 Linden & KCID Development Agreement (ZON-17-02) 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 Linden & KCID Rezone This Development Agreement is made and entered into this ___ day of _______________, 2017, by and between the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell, Idaho 83605 (“City” or “Caldwell”), and the URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, of 411 Blaine Street, Caldwell, Idaho, 83605 (“Owner”). 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-17-02; and WHEREAS, Owner intends that any future development of the Subject Property will be as Light Industrial; and WHEREAS, the Subject Property is currently zoned by the City of Caldwell as R- 2 (Medium Density Residential) and R-3 (High Density Residential); and WHEREAS, Owner seeks to rezone the property to the City of Caldwell’s M-1 (Light Industrial) Zoning Classification; and 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 DEVELOPMENT AGREEMENT (LINDEN & KCID REZONE) – PAGE 2 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 rezoning 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 rezoning and 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-17-02, 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. DEVELOPMENT AGREEMENT (LINDEN & KCID REZONE) – PAGE 3 5. Dedicate 40 feet of right-of-way (minus existing) measured from the centerline of KCID Road, abutting the site. The right-of-way shall be dedicated within 90 days of the signing of the Order of Decision for Case File # ZON-17-02. 6. Construct KCID Road abutting the site as a 23 foot one-half width collector street section from centerline to back of curb with a 4-foot wide bike lane and shall feature standard vertical curb, 7-foot wide attached sidewalk, sub-base and asphalt paving, required storm water drainage facilities and street lights (see Caldwell Std. Dwg. 810-C). The roadway improvements shall be constructed in a phased manner requiring those frontages to be improved as the adjacent land is developed. 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. Install a 30-foot wide landscape buffer along KCID Road, abutting the site. The buffer shall contain a minimum 5-foot tall berm with a 3:1 slope, a minimum of 37 Class II trees spaced 35 feet apart, shrubs spaced 2 to 8 feet apart depending upon individual plant spacing requirements, and grass ground cover. The landscape improvements shall be installed in a phased manner requiring those frontages to be improved as the adjacent land is developed. 10. Access points onto KCID Road from the proposed property shall be limited to those as shown on the submitted revised site plan (see Exhibit A-14). The secondary access shown on Exhibit A-14 that is located approximately 1,350 feet south of the future Skyway Street alignment shall only be utilized as an access if the main truck access from Skyway Street (located approximately 1,200 feet west of KCID Road) is blocked or unusable. 11. Dedicate 70 feet of right-of-way along the sites northerly boundary for the future Skyway Street alignment, abutting the site. The right-of-way shall be dedicated within 90 days of the signing of the Order of Decision for Case File # ZON-17-02. 12. Dedicate additional right-of-way on the southerly segment of the future Skyway Street near the intersection of KCID Road as shown in Caldwell Std. Dwg. R810-H for a future right-turn lane. The right-of-way shall be dedicated within 90 days of the signing of the Order of Decision for Case File # ZON-17-02. 13. Construct Skyway Street abutting the site as a 46 foot full width collector street section from back-of-curb to back-of-curb with 4-foot wide bike lanes and shall feature standard vertical curb, 7-foot wide attached sidewalks or 5-foot wide detached sidewalks, sub-base and asphalt paving, required storm water drainage facilities and street lights (see Caldwell Std. Dwg. 810-C). The roadway improvements shall be constructed in a phased manner requiring those frontages to be improved as the adjacent land is developed. DEVELOPMENT AGREEMENT (LINDEN & KCID REZONE) – PAGE 4 14. Install a 15-foot wide landscape buffer along Skyway Street, abutting the site. The buffer shall contain a minimum of 37 Class II trees, 185 shrubs, and grass ground cover. The landscape improvements shall be installed in a phased manner requiring those frontages to be improved as the adjacent land is developed. 15. Access points onto Skyway Street from the proposed property shall be in compliance with the most current City collector street standards and will be reviewed for approval at time of site development. 16. Any development on the site will require the connection to City services, including but not limited to potable water and sanitary sewer. All associated connection fees shall be paid at time of connection. 17. The following uses which are currently outright allowed within the M-1 (Light Industrial) zone shall require approval through a Special-Use Permit process. These uses are: Recycling Operation, Automotive Tow Yard, Public Utility Yard, Railroad Yard/Shop, Trucking Terminal/Yard. 18. All buildings shall have a minimum 100-foot setback from KCID Road. Setback shall be measured from the property line. 19. 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. 20. 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 (LINDEN & KCID REZONE) – PAGE 5 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 (LINDEN & KCID REZONE) – PAGE 6 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 (LINDEN & KCID REZONE) – PAGE 7 By: GARRET NANCOLAS, Mayor Attest: _______________________________ DEBBIE GEYER, Caldwell City Clerk STATE OF IDAHO ) ) ss. COUNTY OF CANYON ) On this _____ day of _______________, 2017, 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 (LINDEN & KCID REZONE) – PAGE 8 “OWNER” Urban Renewal Agency of the City of Caldwell __________________________________________ By: Rob Hopper Its: Chairman STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this _____ day of _______________, 2017, before me the undersigned, a Notary Public in and for said State personally appeared ROB HOPPER, known or identified to me to be the chairman of the Urban Renewal Agency of the City of Caldwell, and acknowledged to me that he executed the same as such Chair. 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 (LINDEN & KCID REZONE) – PAGE 9 EXHIBIT “A” A parcel of land located in the NE ¼ SE ¼ of Section 25, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho more particularly described as follows: BEGINNING at the E ¼ comer of said Section 25; thence South 00°36'43" West, 1325.12 feet along the East boundary line of the NE ¼ SE ¼ said Section 25 to the Southeast corner of said NE ¼ SE ¼ (S 1/16 corner); thence South 89°36'57" West, 1322.49 feet along the South boundary line of said NE ¼ SE ¼ to the SW corner of said NE ¼ SE ¼ (SE 1/16 corner); thence North 00°38'45" East, 1324.80 feet along the West boundary line of said NE ¼ SE ¼ to the NW corner of said NE ¼ SE ¼ (CE 1/16 corner); thence North 00°39'01" East, 40.01 along the West boundary line of the SE ¼ NE ¼ of said Section 25; thence North 89°36’05” East, 1321.69 feet parallel with and 40.00 feet north of the South boundary line of said SE ¼ NE ¼ to a point on the East boundary line of said SE ¼ NE ¼; thence South 00°37’16” West, 40.00 feet along said East boundary line of the SE ¼ NE ¼ to the POINT OF BEGINNING. Containing 41.42 acres, more or less.