HomeMy WebLinkAboutDevelopment AgreementDEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Larry and Becky Palmer, Owners/Developers
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this day of , 2002, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and
LARRY AND BECKY PALMER, husband and wife, hereinafter called
"OWNERS"/"DEVELOPERS", whose address is 8375 S. Meridian Road, Meridian,
Idaho 83642.
1. RECITALS:
1.1 WHEREAS, "Owners" are the sole owners, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owners" or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owners" and/or "Developer" have submitted an
application for annexation and zoning of the "Property"'s
described in Exhibit A, and has requested a designation of (C-G)
General Retail and Service Commercial District, (Municipal Code
of the City of Meridian); and
1.5 WHEREAS, "Owners" and/or "Developer" made representations
at the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council,. as to how the
subject "Propert}~' will be developed and what improvements will
be made; and
DEVELOPMENT AGREEMENT (CUP-02-019) - 1
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
1.7 WHEREAS, City Council, the day of ,
has approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the "Findings" require the "Owners" and/or
"Developer" enter into a development agreement before the City
Council takes final action on annexation and zoning designation,
and/or conditional use permit; and
1.9 "OWNERS" and/or "DEVELOPER" deem it to be in its best
interest to be able to enter into this Agreement and acknowledges
that this Agreement was entered into voluntarily and at its urging
and requests; and
1.10 WHEREAS, "City" requires the "Owners" and/or "Developer" to
enter into a development agreement for the purpose of ensuring
that the "Propert}~' is developed and the subsequent use of the
"Propert}~' is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "Cit}~' in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance #629, January 4, 1994, and
the Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (CUP-02-019) - 2
added to the chain link fence on the south side adjacent to residences.
6. The unimproved area on the western 120 feet of the parcel shall be maintained free of
weeds over eight (8) inches in height or other fire hazards and shall not be used for storage of
any materials.
7. The hours of operation of the transmission shop and any noise orvibration-generating
equipment shall be limited to those hours presented by the Applicant, which are Monday
through Friday, 8:00 am to 8:00 pm, with the exception of emergencies or nonchazgeable
personal repairs.
8. Use of the subj ect property for used car sales shall be restricted to a maximum of five
(5) vehicles displayed at any one time. No off-premise used car sales signage shall be
permitted. None of the required twenty-one (21) parking spaces may be used as a sales
display area for vehicles. A separate area shall be used.
9. The Applicant shall contact the Parks & Recreation Director to determine if any
portion of the future Five Mile Creek pathway will impact the subj ect property. If so, submit
a revised Site Plan that reflects any improvements required by the Parks & Recreation
Department.
10. In accordance with Ordinance 12-4-10.B., the proposed barbed wire fencing azound
the storage area shall be aminimum ofseventy-two inches (72") above grade to the bottom
wire.
11. Sanitary sewer and water service to this parcel shall be via service lines from existing
main lines adjacent to the site.
12. A minimum 2-inch caliper tree shall be planted within the parking lot island shown
on the west side of the building. The landscaped area within this planter shall be at least 50
square feet in area, inside of the curbing.
Standard Conditions of Approval -Ada County Highway District
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
DEVELOPMENT AGREEMENT (CUP-02-019) - 7
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility stXeet cuts in pavement less than five yeazs old aze not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) .for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standazds and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees aze required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
DEVELOPMENT AGREEMENT (CUP-02-019) - 8
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
Adopt the Recommendations of the Sanitary Sewer as follows:
1. Enclosure location and size are good. Gate shall be expanded to a minimum of 10'
clearance inside of the gate posts for access.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire flow as required by the Uniform Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of 350' apart.
2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
3. All radii shall be 28' inside and 48' outside radius.
4. A 20' wide fire lane shall be available for access to the building.
5. The proposed building and use shall comply with the 1997 Uniform Fire Code and
applicable National Fire Protection Association Standards.
Adopt the Recommendations of the Central District Health Department as follows:
1. It is recommended that storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface water quality. The
engineers and architects involved with the design of this project should obtain current best
management practices for storm water disposal and design a storm water management system
that is preventing groundwater and surface water degradation.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1. The Nampa & Meridian Irrigation District's Fivemile Drain courses through the
southwest corner of the above-mentioned proposed prof ect. Any encroachments will require
approved plans and a signed License Agreement.
DEVELOPMENT AGREEMENT (CLIP-02-019) - 9
2. Any storm drainage leaving the site or returning into the Fivemile Drain will require a
Land Use Change/Site Application.
Adopt t he r ecommendations o f t he M eridian Parks & Recreation Department as
follows:
1. We need a 10' wide asphalt path adjacent to the east side of 5-mile Creek as part of
the Bobby's Transmission Conditional Use Permit. The pathway could be coristructed over
the top of the 20' sewer easement and should be the length of sewer line.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owners" and/or "Developer" or "Owners" and
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Propert}~' of this agreement within two years of the
date this Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and/or "Developer" consent upon default to the de-annexation
and/or a reversal of the zoning designation of the "Propert}~' subject to and conditioned
upon the following conditions precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Owners" and "Developer" and if the
"Owners" and "Developer" fails to cure such failure within six (6)
months of such notice.
8. INSPECTION: "Owners" and/or "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Propert}~' as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
9. DEFAULT:
DEVELOPMENT AGREEMENT (CUP-02-019) - 10
9.1 In the event "Owners" and/or "Developer", "Owners" and/or
"Developer"'s heirs, successors, assigns, or subsequent owners of
the "Property" or any other person acquiring an interest in the
"Property", fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the
"Property", this Agreement maybe modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
9.2 A waiver by "Cit}~' of any default by "Owners" and/or
"Developer" of any one or more of the covenants or conditions
hereof shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or apply to any
subsequent breach of any such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners" and/or "Developer"'s cost, and submit proof of such recording to "Owners"
and "Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City Council. If for
any reason after such recordation, the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the "Property" contemplated hereby, the
"city" shall execute and record an appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owners" and/or "Developer", or by any
successor or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific performance
of the covenants, agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties
agree that "Cit}~' and "Owners" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
DEVELOPMENT AGREEMENT (CUP-02-019) - 11
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed
to cure such failure maybe extended for such period as maybe
necessary to complete the curing of the same with diligence and
continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and "Developer" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
13. SURETY OF PERFORMANCE: The "Cit}~' may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the
improvements, which the "Owners" and/or "Developer" agrees to provide, if required by
the "city".
14. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owners" and/or "Developer" have entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Owners "and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNERS/DEVELOPERS:
c/o City Engineer Larry and Becky Palmer
DEVELOPMENT AGREEMENT (CUP-02-019) - 12
City of Meridian 8375 S. Meridian Road
660 E. Watertower, Suite 200 Meridian, Idaho 83642
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as maybe granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City"'s corporate authorities and their successors in
office. This Agreement shall be binding on the owner of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall
in any way prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefitted and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owners" and/or "Developer", to
execute appropriate and recordable evidence of termination of this Agreement if "City",
in its sole and reasonable discretion, had determined that "Owners" and/or "Developer"
has fully performed its obligations under this Agreement.
DEVELOPMENT AGREEMENT (CUP-02-019) - 13
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and/or
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied,
between "Owners" and/or "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to
writing and signed by them or their successors in interest or their assigns, and pursuant,
with respect to "City", to a duly adopted ordinance or resolution of "Cit}~'.
21.1 No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the "City" has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (CUP-02-019) - 14
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERS/DEVELOPERS:
Larry Palmer
Becky Palmer
CITY OF MERIDIAN
BY:
MAYOR ROBERT D. CORRIE
Attest:
CITY CLERK
DEVELOPMENT AGREEMENT (CUP-02-019) - 15
STATE OF IDAHO )
COUNTY OF ADA
ss
On this day of , in the year 2002,
before me, a Notary Public, personally
appeared Larry and Becky Palmer, husband and wife, known or identified to me to be the
persons who executed the instrument and acknowledged to me that they executed the
same.
(SEAL)
STATE OF IDAHO )
:ss
County of Ada )
Notary Public for Idaho
Residing at:
Commission expires:-
On this day of , in the year 2002,
before me, a Notary Public, personally appeared Robert D. Cowie and William G. Berg,
Jr. ,known or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the instrument of
behalf of said City, and acknowledged to me that such City executed the same.
(SEAL)
Notary Public for Idaho
Commission expires:
Z:\Work\M\Meridian\Meridian 15360M\BOBBYS TRANSMISSION CUP02-019\DevelopAgr.doc
DEVELOPMENT AGREEMENT (CUP-02-019) - 16
EXHIBIT A
Leal Description Of Property
Parcel I
Beginning at a point on the section line between Sections 6 and 7, Township 3 North,
Range 1 East, of the Boise Meridian, Ada County, Idaho, situated 180 feet North 89° 55'
East of the quarter section corner between said Sections 6 and 7; thence North 89° 55'
East along the Section line between said Sections 6 and 7, East 150 feet to a point;
thence South 0° OS' West, 660 feet more or less to a point on the south line of the North
half of the Northwest quarter of the Northeast quarter of said Section 7, Township 3
North, Range 1 East, of the Boise Meridian; thence South 89° 50' West along the South
line of the North half of the Northwest quarter of the Northeast quarter of said Section 7
to a point on the North and South center line of said Section 7, Township 3 North, Range
1 East of the Boise Meridian; thence North 0° 18' East along the North and South center
line of said Section 7, Township 3 North, Range 1 East of the Boise Meridian, 360 feet
more or less to a point, 300 feet South of the quarter corner between Sections 6 and 7,
Township 3 North, Range 1 East of the Boise Meridian; thence North 89° 55' East, 180
feet to a point; thence North 0° OS' East, 300 feet to the PLACE OF BEGINNIl~TG;
EXCEPT THEREFROM a parcel of land situated in the Northwest quarter of the
Northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the North quarter corner of Section 7; thence along the North line of said
Section 7
South 89°28'06" East, a distance of 180.00 feet to a point; thence South 00°34'44" West,
a distance of 45.78 feet to the South right of way line of Fairview Avenue, a 5/8 inch iron
pin and cap marked "RAJ 943", the POINT OF BEGINNIlVG; thence along said right of
way line
North 89°11'04" East, a distance of 10.98 feet to a brass cap set in concrete, marked
station 47+16.6; thence continuing along said right of way on a curve to the right having a
delta of 00°08'33", a radius of 55,916.02 feet, a tangent of 69.53 feet, a chord bearing of
North 89°15'20" East, a chord distance of 139.06 feet, an arc length of 139.06 feet to a
point which bears
South 00°34'46" West, a distance of 0.25 feet from a 5/8 inch iron pin and cap marked
"JUB 944"; thence leaving said right of way line
South 00°34'46" West, a distance of 257.58 feet to a 58 inch iron pin and cap marking
"RAJ 943"; thence
DEVELOPMENT AGREEMENT (CUP-02-019) - 17
North 89°28'06" West, a distance of 150.00 feet to a 5/8 inch iron pin and cap marked
"RAJ 943"; thence
North 00°34'44" East, a distance of 254.22 feet to the POINT OF BEGINNING.
PARCEL II
ANon-Exclusive Easement, for a permanent roadway, underground utility, sewer, water
and drain line easement as granted by Easement Deed recorded March 19, 1997, as
Instrument No. 97021084.
DEVELOPMENT AGREEMENT (CUP-02-019) - 18
~`
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (CUP-02-019) - 19