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HomeMy WebLinkAboutLiving Waters Dev Ag CC ODApril 4, 2007 Living Waters Worship Center Development Agreement (ANN-138-06) Recording requested by: City of Caldwell Planning and Zoning Dept. P.O. Box 1177 Caldwell, Idaho 83606 ________________________________________________________________________ For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT Living Waters Worship Center 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 Grace Community Church, Inc. dba Living Waters Worship Center (“Owner”). WHEREAS, the Owner of record holds certain real estate (“Property”) and hereby authorizes the Applicant 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 rezone identified as Application Number ANN-138-06; and WHEREAS, the property is currently zoned by Canyon County as A (Agricultural); and WHEREAS, the Applicant is seeking to rezone the property to the City of Caldwell’s R-1 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 future 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 rezone 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 rezone the Property subject to the provisions of this Development Agreement and provided the Applicant is the owner 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 ANN-138-06 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 subject 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. At the time of development or within 90 days of a request by the City of Caldwell, the Applicant shall dedicate a 40-foot one-half width right-of-way along the entire South 10th Avenue frontage. Any development will require the street to be improved to a Minor Arterial roadway. The street will be required to be constructed at a width of 26.0 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. City of Caldwell Specifications for these improvements will be required to be observed. 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. 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. Any non classified street planned, or future, shall be constructed within a minimum fifty-six (56) foot right-of-way consistent with the City of Caldwell Subdivision Ordinance or a fifty-one (51) foot right-of-way consistent with City standards for a planned unit development. The streets shall be constructed at a width of 37 feet to back of curb and shall feature standard rolled curb, gutter, 4- foot wide sidewalks, sub-base and asphalt paving, required storm drainage facilities and streetlights. 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. Any development triggering the traffic study ordinance in effect at the time of development application will require the Applicant to participate in a traffic study commissioned by the City of Caldwell. The Applicant will be responsible to construct the improvements noted therein. 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 future 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 common lots included in any development on the site are all connected by pathways in keeping with zoning ordinance provision. 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 all entryways until 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 shall require the developer to maintain any existing upstream and/or downstream irrigation rights that may cross the property. Conveyance systems are subject to Irrigation District and City of Caldwell design review and approval. 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 2006 Updated Dixie 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 and shall be constructed under an all-weather surface pathway/roadway for City maintenance, access and/or repair. All platted 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. All platted development will require, in accordance with City requirements, a note to 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 Study as updated in 2005. Irrigation water for the Property shall be obtained from the appropriate Government Irrigation District and/or groundwater sources, per the Landscape Ordinance Section 10-07-12. 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. All platted development shall require the face of the subdivision final plat to 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 if development occurs. 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. 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 above development agreement conditions are in addition to the regulations provided for in the zoning district. The Findings of Fact, Conclusions of Law and Order of Decision for the annexation and rezone and special use permit of the Property are part of the development agreement. In the event there is a discrepancy or conflict, the strictest condition will apply. 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 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 of the specifications in effect at the time of development or as stipulated herein. 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-138-06. 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. 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 delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, 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 Dept. P.O. Box 1177 Caldwell, Idaho 83606 Owner: Grace Community Church, Inc. Dba Living Waters Worship Center 317 E. Kearney St. Caldwell, ID 83605 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 sent 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: Grace Community Church, Inc. Dba Living Waters Worship Center 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 Grace Community Church, Inc. dba Living Waters Worship Center. 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:_______________