HomeMy WebLinkAboutChickasaw_Draft DA___ __, 2023 Chickasaw Development Agreement (ANN22-000028/SUB22-000045)
After Recording
Return to: Director Caldwell Planning and Zoning Dept. 621 Cleveland Blvd Caldwell, Idaho 83605
For Recording Purposes,
Do Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”) is made and entered into this _________ of ________, 2023, by and between the City of Caldwell, a municipal corporation of the State of Idaho (“City”), whose address is 411 Blaine Street, Caldwell, Idaho 83605, and Roosevelt Star LLC, (“Owner”)
RECITALS
WHEREAS, the Owner is the owner of record of approximately 145.55 acres of certain real estate identified as Canyon County Parcel No. R3266801300 (0 Homedale Road), generally located south of
Homedale Road, west of Farmway Road, in Caldwell, Idaho, (“Property”), and legally described in the attached legal description (Exhibit A) and as depicted on the map in (Exhibit B); and WHEREAS, the Property is currently designated as Ag. (Agricultural) on the Canyon County Zoning Map; and WHEREAS, the Property is currently designated as LDR (Low Density Residential) on the City of Caldwell Comprehensive Land Use Map; and WHEREAS, the Owner seeks to zone the property to the City of Caldwell’s R-1 (Low Density Residential) zoning classification; and
WHEREAS, the Owner is proposing to develop the site as a 400 single family residential development; and
WHEREAS, the intent of this Development Agreement to protect the rights of Owner’s/Developer’s use and enjoyment of the Property, while at the same time limiting any adverse impacts resulting from the
development of this property upon neighboring properties and the existing community, and ensuring the Property is developed in a manner consistent with Caldwell’s Comprehensive Plan and City Code; and WHEREAS, the City and Owner 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 zoning designation requested by Owner with respect to the Property, if granted by the
City, will only be granted upon execution of this Development Agreement; and WHEREAS, the Owner has agreed to provide Caldwell with an affidavit agreeing to submit the Property
to a Development Agreement (Exhibit C) pursuant to Caldwell City Code and the provisions set forth in Idaho Code Section 67-6511A and be bound by same; and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference; and
AGREEMENT
In consideration of the above Recitals and of the mutual covenants, duties, and obligations contained herein, the parties agreed as follows:
ARTICLE I LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Caldwell City Code, Chapter 10, Article 3.
ARTICLE II ZONING ORDINANCE AMENDMENT Caldwell will adopt an ordinance amending the Caldwell Zoning Ordinance to rezone the Property that is the subject of the application to the R-1 (Low Density Residential) zone, subject to the terms and conditions of this Development Agreement. This Development Agreement shall be signed to meet the conditions of approval for the annexation with zoning requirements as approved in the Order of Decision signed Month Day, 2023. The ordinance will become effective after its passage, approval, and publication.
ARTICLE III CONDITIONS OF ANNEXATION AND DEVELOPMENT
3.1 The Property will be developed and utilized in the fashion and according to the terms, conditions and
limitations set forth in this Development Agreement and development application(s) ANN22-000028.
3.2 Development of the Property shall be consistent with all requirements, codes, rules and regulations of the City of Caldwell, unless specifically stated otherwise in this Development Agreement.
3.3 Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, special use permits, construction drawings, building permits, if applicable, and any other applicable applications as may be required by the Caldwell City Code,
which shall comply with the Caldwell City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement.
3.4 If the City of Caldwell has established a design review process at the time of submittal of building permits or development application(s) for the Property, the applicant will be required to go through the design review process.
3.5 In the event the Property’s legal description is discovered to be in error, the Owner will be responsible for assuming the measures necessary to provide the City with an accurate legal description of the Property.
3.6 Street Landscape Buffers. The development shall comply with Municipal Services Agreement
recorded under instrument #2020-043549.
3.7 Development Plans. At the time of development of ‘a portion’ or ‘all’ of the Property, the Owner or his representative shall provide a site plan, building elevations, a material board, and landscaping plans
for the proposed project. These design standards must comply with the Municipal Services Agreement recorded under instrument #2020-043549 (Exhibit H).
3.8 Concept Site Plan. The Concept Site Plan (Exhibit D) represents the Owner’s current concept for completion of the Project. As the Concept Site Plan evolves, the City understands and agrees that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. The Owner understands and agrees that any changes or modifications to the site plan must submitted to the City for review and approval prior to development.
3.9 Building Design. The Building Design guidelines are outlined in the Municipal Services Agreement recorded under Instrument number #2020-043549 (Exhibit B). Prior to issuance of a building permit for individual lots, the applicant shall be required to provide a letter of approval from the Chickasaw HOA architectural review committee verifying compliance with the building design guidelines
outlined in the Municipal Services Agreement, the CCNRs, and City Code.
3.10 Landscape Plan. The Landscape Plan (Exhibit E) represents the Owner’s current concept for all existing and proposed landscape street buffers, buffers between land uses, open space, parking lot
landscaping, landscape planters, existing and proposed trees, shrubs and plantings, micro and major pathways, landscape strips, public amenities, structures and equipment proposed for recreational use, common lots, common easements, school bus stop areas, irrigation system and water source, and all
other landscape improvements including, but not limited to, earth berms, walls, trash enclosures, specialty lighting, required or proposed fences. The Owner understands and agrees that any changes or modifications to the landscape plan must submitted to the City for review and approval prior to installation. The City understands and agrees that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, or that such change is a substantial enough change from the landscape plan presented to the public, a public hearing shall be held on the proposed changes and notice shall be provided as may be required by the City.
3.11 Comply with all City of Caldwell Engineering Department conditions as shown in Exhibit F.
3.12 Comply with all City of Caldwell Fire Department conditions as shown in Exhibit G.
3.13 The setbacks, lot coverage, and building height requirements shall be as specified in the City Code.
3.14 Permitted uses are subject to the requirements of the City Codes and Ordinances and the Municipal Services Agreement 20-01 (Exhibit H), including but not limited to setbacks, height, landscaping, building codes, fire codes, engineering requirements, and all other applicable code requirements.
3.15 Change in Use. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement pursuant to the requirements of Caldwell City Code. In the event that the Developer/Owner changes or expands the uses permitted by this Agreement without the
approval required by this Agreement, the Caldwell City Code, and Idaho Code 67-6509, the Developer/Owner shall be in default of this Agreement.
3.16 Construction. Development and site work on the Property shall be in accordance with all applicable
laws and regulations and shall also be consistent with the development standards set forth in this Agreement. Failure to construct any development on the Property consistent with this Agreement or
construction in variance with this Agreement, including any amendment of this Agreement, shall
constitute a default of this Agreement by the Developer/Owner.
3.17 Plat Modifications or Replats. A revised copy of the plat shall be required to be submitted to the Planning and Zoning Department within forty-five (45) days of the final approval by City Council.
Final plat modifications or replats will require a revised final plat to be recorded and a copy of the recorded plat shall be submitted to the Planning and Zoning Department within forty-five (45) days of the final approval by City Council.
3.18 Approved Street Names, Street Layout, Lot and Block Numbering, and Subdivision Phasing Plan. No changes to the approved street names, street layout and configuration, lot and block numbering, or subdivision phasing plan shall occur without prior approval from the City of Caldwell Mapping Division. Any substantial changes from what was originally approved may require additional public hearings.
3.19 Homeowner’s Association CCNRs: The applicant will be required to submit the CCNRs to the City staff for review approval prior to recordation; the CCNRs shall include provisions for an architectural review committee.
3.20 The applicant shall construct Moss St. from the west side of the development all the way to Farmway Rd. to City street standards (with a hard surface).
3.21 No landscaping shall be located within the easement of the Burris Lateral and the existing access shall remain a flat drivable surface.
3.22 Off-street parking space requirements for each residential lot shall be provided at time of build-ou and shall adhere to City Code.
3.23 All major pathways must be within a public access easement identified on the plat, include a trash receptacle and park bench every six hundred (600) linear feet of pathway, and provide one streetlight for every one hundred fifty (150) linear feet of pathway. These must meet the requirements in
Caldwell City Code 10-12-05.
3.24 The development must comply with the Municipal Service Agreement MS-20-0, recorded under Instrument number #2020-043549.
3.25 All landscaping buffers must be completed with development of Phase 1.
3.26 All landscape islands within the right-of-way must be numbered as a common lot.
*Add conditions for properties that are being annexed, but not developed (as seen in the FCOs)*
ARTICLE IV AFFIDAVIT OF PROPERTY OWNER(S)
An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement (Exhibit C) and be bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Caldwell City Code shall be provided and is incorporated herein by reference.
ARTICLE V DEFAULT
5.1 In the event the Owner, their heirs or assigns or subsequent owners of the property or any other person acquiring an interest in the property, fails to faithfully comply with all of the terms, conditions, and commitments set forth herein, included in this Agreement, within thirty (30) days
of written notice of such failure from the City, the City 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. The City shall have the following non-exclusive and cumulative remedies, upon the City’s compliance with the requirements of Caldwell City Code and Idaho Code 67-6509.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, City 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 attorney’s fees and court costs.
ARTICLE VI UNENFORCEABLE PROVISIONS
If any term, provision, commitment, or restriction of this 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 nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner(s), or other appropriate party, and the City.
ARTICLE VII ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder
at the expense of the Owner. Each commitment and 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 property near the Property and shall run with the land. This Development Agreement shall be binding on
Owner, and its 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. 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 bound by and liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof.
ARTICLE VIII GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509.
8.2 Termination. A development agreement may be terminated by the city, and the zoning designation upon which the use is based may be reversed upon the failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to comply with the
commitments in the agreement within two (2) years. The two (2) year period of time for compliance of commitments may be extended by the city for just cause and upon application for such by the owner, and after complying with the notice and hearing provisions of this section.
8.3 No failure by the City to enforce this Agreement or any provision hereof shall constitute a waiver of such provision or of any other right of the City or obligation of the Owner contained herein. This non-waiver provision shall apply regardless of the amount of time that may elapse after such default
by Owner. This non-waiver provision shall apply regardless of whether such waiver by the City is express or implied.
8.4 Consent to Change Zoning. The establishment of a development agreement and the written
commitments contained therein, in accordance with the provisions of this section, shall be deemed
written consent to change the zoning of the subject property to its prior designation upon failure to comply with the conditions imposed by the agreement.
8.5 Other Laws. This Development Agreement shall not prevent City, in subsequent actions
applicable to the Property, from applying new ordinances and regulations of general application adopted by City in the exercise of its police powers that do not conflict with the Parties’ commitments set forth herein, including, but not limited to, amendments to the City’s zoning
ordinance which may prohibit the use or uses Owner proposes in this Agreement. Owner understands that the building and fire codes applicable to its development shall be those in effect at the time when a complete application for a building permit is filed. Nothing in this Development Agreement shall preclude the application of any law that is specifically mandated and required by changes in state or federal laws or regulations. In the event such law prevents or precludes compliance with one or more provisions of this Development Agreement, City and Developer shall meet and confer to determine how provisions of this Development Agreement would need to be modified or suspended in order to comply with the law and shall prepare and
process the necessary amendment or amendments to this Development Agreement.
8.6 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 neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.
8.7 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.
8.8 Legal Representation. Both the Owner and City acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the drafter of this agreement.
8.9 Ongoing Performance Commitments. If the Development Agreement has commitments involves ongoing performance and the owner or developer fails to comply with the commitment after completion of construction, said failure may be dealt with by the city according to the violation and penalty provisions of this chapter and for specific performance of the development agreement, including attorney fees and costs associated with the enforcement of the agreement.
8.10 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 herein below, or such other address 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.
To City:
City of Caldwell c/o Director, Planning & Zoning Department 621 Cleveland Blvd
Caldwell, Idaho 83605
With a Copy to:
Hamilton, Michaelson & Hilty, PLLC Attn: Mark Hilty 1303 12th Avenue Road
Nampa, ID 83653
civillaw@nampalaw.com
To Owner:
Roosevelt Star LLC 3858 N. Garden Center Way Boise, Idaho 83703
With a Copy to Engineer:
TO-Engineers Attn: David Sterling 2471 S. Titanium Place Meridian, ID 83642
8.11 Change of Address. Either Party shall give notice to the other Party of any change of its address for
the purpose of this section by giving written notice of such change to the other in the manner herein provided. In the event any successor or assign fails to provide an address, the City’s obligation of mailing shall be deemed accomplished by uses of the address on file with the County Tax Assessor.
8.12 Default. In the event Owner fails to comply with the terms and conditions hereof in any material respect, the City may, without further notice to Owner, exercise any or all of the following remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project and record a notice of such action with the Canyon County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Bring an action for damages, injunctive relief, specific performance or any other remedy available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City.
8.7 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney’s fees in addition to other relief which a court of competent jurisdiction may award.
8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties.
8.9 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or
LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement and so bind their respective parties.
8.10 Automatic Termination: If the Property is not developed as conditioned herein, this agreement shall
terminate five (5) years after the Effective Date.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement.
DATED this _____________day of ________________, 2023.
CITY OF CALDWELL, a municipal corporation organized and existing under the laws of the State of Idaho
By:_______________________________________ Jarom Wagoner, Mayor
ATTEST:
_______________ Debbie Geyer, Caldwell City Clerk
STATE OF IDAHO )
) ss. County of Canyon )
On this ______ day of _________________, in the year 2023, before me, the undersigned, a Notary
Public in and for said State, personally appeared JAROM WAGONER, known to me to be the MAYOR
of said municipal corporation that executed this instrument and the persons who executed the said
instrument on behalf of said corporation, and acknowledged to me that such corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first written.
___________________________________________ Notary Public
Residing at: _________________________________
My Commission Expires: ______________________
OWNER(S):
By: __________________________ Roosevelt Star LLC
STATE OF IDAHO ) ) ss. County of Canyon )
On this ______ day of _________________, in the year 2023, before me, the undersigned, a Notary
Public in and for said State, personally appeared___________________________, known or identified
to me to be an owner of the property referenced herein and the persons who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first written
___________________________________________ Notary Public
Residing at: _________________________________
My Commission Expires: ______________________
STATE OF IDAHO ) ) ss.
County of Canyon )
On this ______ day of _________________, in the year ______, before me, the undersigned, a
Notary Public in and for said State, personally appeared___________________________, known or
identified to me to be an owner of the property referenced herein and the persons who executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first written
___________________________________________
Notary Public
Residing at: _________________________________
My Commission Expires: ______________________
INDEX OF EXHIBITS
A - Legal Description B - Parcel Map C - Affidavit of Owner D - Concept Plans and Elevations E - Concept Landscape Plan
F - Engineering Conditions G - Fire Conditions H - Municipal Services Agreement #2020-043549
Exhibit A
Legal Description of Property
Exhibit B
Parcel Map
Exhibit C
Affidavit of Legal Interest
STATE OF IDAHO ) ) County of Canyon )
____________________, who being first duly sworn under oath, deposes and says:
1. I am ____________________________ (“Owner”), whose mailing address is
_______________________________________________________________.
2. Owner is the fee simple owner of the parcel of real property (“Property”), and legally described
as:
See Exhibit A “Legal Description”
3. ___________________________________authorizes the submission of Property to certain
Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A
and Caldwell City Code dated the ___ day of ________, 20___ by and between the City of
Caldwell, a municipal corporation in the State of Idaho, and Owner (the “Agreement”).
DATED this ____ day of _____________, 20____.
Owner By: ____________
Roosevelt Star LLC SUBSCRIBED AND SWORN to before me this ________day of ____________, 20 _ .
Notary Public Residing at _____________________, Idaho My Commission expires
Exhibit D
Concept Plans and Elevations
This space reserved for
insertion of documents
after City Council final
approval
Exhibit E
Concept Landscape Plans
This space reserved for
insertion of documents
after City Council final
approval
Exhibit F
City of Caldwell Engineering Conditions
This space reserved for
insertion of documents
after City Council final
approval
Exhibit G
City of Caldwell Fire Department Conditions
This space reserved for
insertion of documents
after City Council final
approval
Exhibit H
MUNICIPAL SERVICES AGREEMENT #2020-043549
This space reserved for
insertion of documents
after City Council final
approval