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HomeMy WebLinkAboutEastridge PRO Office Park PUD recorded 11-09-00 (#221) P41D C�Q Twin Falls County, Idaho TWIN FALLS,dCITY OF EASTRIDGE PROFESSIONAL OFFICE PARK 09:29am Nov.09,2000 R-2 PROFESSIONAL OVERLAY 2OQQ 017451 PLANNED UNIT DEVELOPMENT AGREEMENT No. of Pages: 17 Fee: $51.00 ROBERT S. FORT Ex-Officio Recorder Deputy: CN THIS AGREEMENT, made and entered into this % � day of , 2000, by and between the CITY OF TWIN FALLS, a municipal corporation, State of Idaho (hereinafter called "City"), and AMAZING GRACE FELLOWSHIP d/b/a EASTRIDGE DEVELOPERS (hereinafter called "Developer") whose address is 1061 Eastland Drive North, Twin Falls, Idaho 83301. RECITALS WHEREAS, Developer is the owner of the certain tract of land in the City of Twin Falls, State of Idaho, more particularly described in Exhibit "A" attached hereto, which land is bounded by Eastland Drive.North to the West and Falls Avenue East to the South (hereinafter "Property"): and WHEREAS, Developer intends to develop and/or sell all or portions of the Property from time to time; and WHEREAS, Developer has made request of the City to develop a professional overlay' subdivision ("Project") on the Property and has submitted to the City a master plan attached in Exhibit`B"hereto of which has been approved for the development as a"R-2 PRO PUD"by the Planning and Zoning Commission and the City Council of the City; and WHEREAS, City, by and through its City Council, has agreed to the Development of said land within the City of Twin Falls, Idaho, subject to certain terms, conditions and understanding, which terms, conditions and understandings are the subject of this agreement. COVENANTS NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agrees as follows: 1. NATURE OF THE AGREEMENT. This agreement shall become part of the "R-2 PRO PUD" zone with respect to the Property upon its full execution and recording. Developer and its assigns or successors in interest, as well as City and its assigns or successors (if any), shall be bound by the terms and conditions contained herein. 2. NATURE OF THE DEVELOPMENT. It is agreed by the parties hereto that certain language and requirements pertaining to the "R-2 PRO PUD" zone shall be interpreted as follows: I 1 A. COMMON AREA AND HOME OWNERS ASSOCIATIONS AND MAINTENANCE. There is no requirement for common area within the Project. In the event a common area is created for the benefit of the property owners and tenants, a property owners' association shall be established for the maintenance and care of the common area. Developer shall have the right to designate common areas in any phase(s) of its development. In the event common areas are so designated, Developer may create an association of those property owners benefiting from said common areas for the purpose of maintaining the same. Except for space explicitly designated as common area, the maintenance responsibility for each parcel and improvements thereon rests only with the parcel's owner. B. USES. The use language of the underlying "R-2 PRO PUD" zone shall apply with regard to permitted uses, special uses, and prohibited uses on the Property or any portion thereof. In addition to the limitations of the"R-2 PRO PUD" Zone, fire stations, police stations, non-office government buildings, transportation facilities requiring equipment, bus facilities with garages, "overnight stay" doctors' offices or non-resident day-care facilities will not be allowed. If allowed through zoning title amendment or by the interpretation of the City Council, assisted living facilities or a specialized medical facility may be constructed. An assisted living facility would be considered as a residential limited-care facility that does not require 24-hour medical attendance. It would be of a single level construction with not more than four units per building and may include common amenities, such as recreational facilities and common dining areas. The assisted living facility will be of a residential design and appearance to blend with the surrounding neighborhood and residential area, and include landscaping to blend with the surrounding neighborhood and residential area. A specialized medical facility would be considered as a facility offering services such as a women's center, except that no abortion services would be allowed. It would be less than 20,000 sq. ft. in overall size, be under one roof, be of a residential appearance to blend with the surrounding neighborhood and residential area, and include landscaping to blend to with the surrounding neighborhood and residential area. It would not allow for overnight care. Developer will provide a buffer zone of 115 feet along the East property line from Falls Avenue on the south to the Eastridge residential subdivision on the north. This area will be used for landscaping, open space or recreational purposes. Any other use will require approval through the special use permit process. No recreational lighting will be allowed in this area without approval through the special use permit process. Developer will use the remainder of the southern portion of the Property, consisting of approximately 29 acres, for development of religious facilities. The uses will be for church and church-related facilities including but not limited to a K-12 school, the postsecondary Bible school, a resident dormitory facility, a multipurpose facility as part of the school facilities with a gymnasium and performing arts facility,parking and an outdoor recreation area(open space). C. PHASING OF DEVELOPMENT. Developer shall be permitted to develop the property in phases. So long as those phases are in compliance with the Master Plan, this PUD Agreement, and an approved preliminary plat, approval for each phase may be obtained by submission of a technically correct final plat for each phase to the City Council. The designation and location of specific uses and buildings on the Master Plan are conceptual and 2 Ali) �� 1 minor changes therefrom shall not provide basis for disapproval of any final plat. There shall be a maximum of three (3) years between phases unless the City grants approval of an extension of time. 3. STREET, SEWER, WATER AND DRAINAGE IMPROVEMENTS. Developer shall be responsible for the design and construction of street, sewer, water and drainage systems on the Property (hereinafter "Improvements") as described herein in accordance with City standards. A. IMPROVEMENT PLANS. Developer shall, as to each phase of its development, file or cause to be filed with the City a complete set of plans for that development phase, showing all Improvements contemplated within that phase of the development (hereinafter "Improvement Plans"). The Improvement Plans and all Improvements shown thereon shall meet the approval of the City, which approval shall be given if such plans conform with published City requirements. B. IMPROVEMENT DESIGN AND CONSTRUCTION. Developer shall cause to be designed, constructed and installed, in accordance with the approved Improvement Plans and at its expense, all Improvements shown on the Improvement Plans. Notwithstanding the foregoing, nothing in this agreement shall prohibit City participation in the cost or financing of improvements on the Property if mutually agreed to by the parties hereto. C. PHASED CONSTRUCTION. Developer may install the Improvements all at once or in phases. Developer shall provide the City with written notification of when and of what phases of said Improvements it intends to complete at that time; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City, which approval shall not be unreasonably withheld. D. CONSTRUCTION SUPERVISION. Developer shall use a qualified construction engineer or supervisor to supervise the construction, inspection and testing of the work as necessary, to ensure that all such Improvements are constructed in accordance with the approved Improvement Plans. E. NON-COMPLIANCE. In the event any of the requirements with regard to the installation of said Improvements are not complied with, the City shall give written notice to Developer of said non-compliance. Developer shall cure said non-compliance within thirty days of its receipt of notice (or, in the case of non-compliance that will take in excess of thirty days to cure, Developer shall commence to cure within thirty days of receipt of notice and diligently pursue the same to completion). In the event Developer fails to cure said non-compliance in the manner set forth hereinabove, the City shall have the right to withhold the issuance of any future building permits and certificates of occupancy within that phase of such "PUD" until such time as all requirements specified in this Section 3 have been complied with; PROVIDED, HOWEVER, Developer shall have the right to appear before the City Council at any regular meeting after any building permits and certificates of occupancy shall have been withheld for reasons set forth in this paragraph and shall have the right to be heard as to why such building permits and certificates of occupancy should be issued. The City Council shall then in good faith 3 and in an objective manner decide whether said building permits and certificates of occupancy should be issued, and its decision shall be final, except that the rights of the parties are preserved at law and equity. F. FEES. Developer shall pay, or cause to be paid, to City all applicable fees if any, with regard to the installation of Improvements pursuant to the Improvement Plans. However, City water and sewer connection and service charges shall be paid for by individual developers and users at the rates set by applicable City ordinances and resolutions. G. MAINTENANCE OF RAPROVEMENTS. City hereby agrees to accept maintenance responsibility for the public improvements upon their completion to City standards. 4. PLATS. Developer agrees to file with the City a preliminary plat, prepared by a registered professional engineer, of the real property that is the subject of this agreement. Final plats for phases to be developed shall be submitted specifically identifying and dedicating all necessary public easements and those rights-of-way the City agrees to accept herein and in the Standard Developers Agreement. It is agreed that said plats and any amendments thereto must first be approved by City. 5. INDIVIDUAL PARCEL DEVELOPMENT CRITERIA. The property or any portion thereof shall be developed in accordance with criteria set forth in this Section 5. A. APPROVAL AND CONSTRUCTION. All improvements shall be constructed in accordance with engineered drawings and specifications, describing in reasonable detail the work to be performed with drawings and specifications and shall first be approved by City and meet City standards,which approval shall not be unreasonably withheld. B. BUILDING SETBACKS. All buildings on lots adjacent to Eastland Drive North and Falls Avenue East are to be constructed with minimum setback as required to meet the Twin Falls City Code. C. LANDSCAPING. Perimeter landscaping shall be installed on each parcel of the Property and in the public right-of-way adjacent thereto at the time site and building improvements are completed thereon or by the next planting season for the proposed vegetation. Such landscaped perimeter shall be installed from the back of the curb in the public right-of-way along Eastland Drive North, Falls Avenue East and the public interior streets to be constructed within the Project, and shall be extended to the dimensions set forth below. The depth of the landscaped perimeter on Eastland Drive North and Falls Avenue East shall be a minimum of thirty-five feet (35') from the back of the curb. The depth of the landscaped perimeter on all other streets shall be a minimum of twenty feet (20') from the back of the curb. The depth of the landscaped perimeter along the north and east boundaries of the professional office overlay area between Eastland Drive and the Eastridge residential subdivision shall be a minimum of twenty feet (20') from the property boundary. In addition, a maintenance-free screening fence shall be provided along the property boundary of the twenty-foot perimeter and no parking will be allowed within the twenty feet. 4 i 4Ddr:4 Each property owner shall maintain the landscaping on his property and in the public right-of-ways adjacent thereto. Not withstanding the forgoing, in the event Developer chooses to designate certain landscaped areas and other areas as "common area", Developer shall have the right to create an association which shall be responsible for the maintenance of"common area". D. LANDSCAPING PLAN. At the time of development, each parcel shall be landscaped to include the following: Street frontage of landscaping shall have berms with a ridge elevation of at least twelve inches (12") in height. The landscaped perimeter shall have a minimum of one tree per five hundred (500) square feet of landscaped area and a minimum of one shrub per one hundred (100) square feet of landscaped area. At least fifty percent (50%) of the shrubs and trees shall be evergreen. Trees and shrubs may be grouped but not over seventy- five feet (75') between such groupings. All trees shall have a height of at least four feet (4) when planted. In addition to the foregoing, each individual parcel must also satisfy the landscaping requirements of the underlying "R-2 PRO PUD"zone. E. BUILDING STANDARDS. Buildings and improvements shall comply with the following standards. 1. Outside Storage. Refuse and outside storage areas shall be visually screened from streets and adjacent properties. All such areas shall be located to the rear of the building or to the side of a building, other than street side. 2. Utilities. All on-site utility service lines, including electrical lines and telephone lines, located within a parcel shall be placed underground. Any transformer or terminal equipment provided within or immediately adjacent to the parcel shall be visibly screened from the view from streets,with appropriate screening material. 3. Architectural. a. Building Colors: Building exterior colors shall be compatible with the surrounding neighborhood and residential areas. b. Exterior Materials: Building exterior materials should be stone, architectural masonry, EIFS, architectural metals,brick, wood, architectural concrete and other materials as may be approved by the Architectural Control Committee. C. Architectural Style: Architectural style shall be residential in appearance. d. Lighting: All area lights shall be positioned and illuminated so as to limit impact on adjacent neighborhood and residential areas. Neon accent lighting shall not be permitted. In addition, no recreation area lighting will be allowed in the buffer zone as described more fully in Paragraph 2.B. e. Si a e: Signage shall be limited to monument and flush wall mounted signs as provided for in the Twin Falls City Code. f. F. CODES. All construction on the Property shall be to the standards established by applicable codes. 5 G. CONTROL DURING DEVELOPMENT OF INDIVIDUAL PARCELS. Developer shall maintain control during development of the property or any part thereof, through the use of deed restrictions to be recorded referring to the required development criteria contained herein. 6. ACCESS TO EASTLAND DRIVE NORTH AND FALLS AVENUE EAST. Developer and subsequent property owners agree to limit the number of accesses to Eastland Drive North and Falls Avenue East to the accesses indicated on Exhibit "B". 7. TIME LIMITATION. "R-2 PRO PUD" zone designation on the property described in Exhibit "A" attached hereto is expressly conditioned upon submission to the City Council of a final plat of the first phase within one (1) year from the date hereof. 8. STANDARD DEVELOPER'S AGREEMENT. It is understood and agreed by the parties hereto that it shall be necessary for Developer to execute City's Standard Developer's Agreement. 9. GENERAL PROVISIONS: A. COOPERATION. The parties hereto agree to cooperate each with the other. Developer shall submit to the City all plans, specifications, and working drawings required by the City. B. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the parties concerning the property and improvements described herein, and no amendment or modification to this agreement shall be valid or effective unless reduced to writing and signed by the parties. C. APPLICABLE LAW. This agreement shall be constructed in accordance with the laws of the State of Idaho. D.. NOTICES. If notices from one party to the other are desired or required hereunder, such notices shall be delivered or mailed to the party to receive such at its addresses last known to the sender of such notice. Notices shall be deemed received on the date of hand delivery or upon seventy-two (72) hours following deposit in the United States mail, if properly addressed, stamped and sent with "return receipt requested". On the date of this agreement, the addresses of the parties are as follows: DEVELOPER: Eastridge Developers Attn: Ken Edmunds 961 Wildwood Way Twin Falls, ID 83301 With copy to: Amazing Grace Fellowship Attn: Pastor Lynn Schaal 1061 Eastland Drive Twin Falls, ID 83301 6 CITY: City of Twin Falls P.O. Box 1907 321 Second Avenue East Twin Falls, ID 83301 In the event the Developer seeks to amend the master plan and/or this agreement, it will provide notice to a designated representative of the adjoining neighbors at the time application is made for such change. The designated representative for the neighbors will be Mr. Dale Quigley. Notice was will be sent to Mr. Quigley at 1015 Lakewood Drive, Twin Falls, ID 83301. In the event a change is in representative is necessary, the adjoining neighbors will assume responsibility for selection of a replacement and notification of the Developer at the addresses provided above. The notification of the neighborhood representative will not change any City requirements for notification of neighbors as required by City ordinance. E. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the successors, assigns and legal representative of the parties hereto. Except for the obligation of Developer set forth in Paragraph 5.G; transfer of all or a portion of the Property shall create a novation releasing the transferee from obligations under this agreement with respect to said transferred property. F. SEVERABILITY In the event any portion of this agreement is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such portion shall be deemed,severed from this agreement, and the remaining portions shall not be affected thereby. G. SIGNATORIES. Each of the persons executing this agreement hereby represent and warrant that he or she is duly authorized and empowered to so act on behalf of the entity for which he or she is signing and that this agreement is binding on, and enforceable against, such entity. H. EFFECTIVE DATE. This "PUD" agreement shall become valid and binding only upon its approval by City, through its City Council, and upon its execution by the Mayor and Developer. I. ATTORNEYS FEES. In the event that either party should be required to retain an attorney because of the default or breach of the other or to pursue any other remedy provided by law, that party which prevails in any litigation shall be entitled to a reasonable attorney's fee. J. CONSTRUCTION. Should any provision of this Agreement require judicial interpretation, the Court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party, by reason of the rule of construction that a document is to be construed more strictly against the person who himself or through his agents prepared the same, it being acknowledged that both parties have participated in the preparation hereof. 7 1 K. ATTACHMENTS. All attachments and recitals are incorporated herein and made a part hereof as if set forth in full. L. CAPTIONS. The captions, section and paragraph numbers appearing in this agreement are inserted only as a matter of convenience and shall in no way affect interpretation of this agreement. IN WITNESS WHEREOF, the City has affixed its seal and caused these presents to be executed by its Mayor on the date above written. CITY OF TWIN FALLS BY: l`�'" /I ate./ EASTRIDGE DEVELOPERS C/O KEN EDMUNDS BY: 9,1111-mm� 8 ACKNOWLEDGEMENTS STATE OF IDAHO ) )ss. COUNTY OF ) On this // day of � c6�` , 2000,before me the undersigned, a Notary Public in and for said State and County,personally appeared G--/q in �-_ S_ S-/�- ,_!r known to me to be the /IIIi of Twin Falls, the municipal corporation that executed the within and foregoing instrument, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official rnn seal, the day and year intr ,� e first above written. e •. �pTAR�, ? * �'� * ' T�O�ARY PUBL�FOR IDAH d'i••AVBLI Residence of �.���,�'•. �►� My Commission Expires � OF 1'D STATE OF IDAHO ) )ss. COUNTY OF ) On this �Yllciay of (�!L��- , 2000,before me personally appeared to me personally known, who,being by me duly sworn, did for himself say that he is an authorized attorney-in-fact for Amazing Grace Fellowship dba Eastridge Developers by virtue of authority granted by Amazing Grace Fellowship and that the within instrument was executed by him for and on behalf of Amazing Grace Fellowship. •.••••""•••, OTARY PUBLI F OR IDAHO, °• STANNIC��'�. Residence of � .•••""••. yExpires e` , •• •. 9 '• M Commission NOp •���, .1 o 'p BLIc •,,••�pA wDsr Orrr,'a� 9 "EXHIBIT A" Amazing Grace Fellowship R-2 Pro PUD Rezone Legal Description The following description is for a proposed rezone for property located in the Wl/2SW'/4 of Section 2, Township 10 South, Range 17 East, Boise Meridian, Twin Falls County, Idaho. Said property being more specifically described as follows: Commencing at the Southwest corner of Section 2. Said point lies South 00°29'55" East, 2617.06, feet from the West quarter corner of Section 2. Thence North 00°29'55"West, 1962.84 feet along the West boundary of Section 2 to THE REAL POINT OF BEGINNING. Thence North 89°53'30"East, 443.21 feet, Thence South 00°36'55"East, 1010.68 feet, Thence North 89°23'06"East, 869.00 feet, Thence South 00°36'55"East, 966.15 feet, Thence North 89°50'07"West, 1316.30 feet, Thence North 00°29'55"West, 1962.84 feet to THE REAL POINT OF BEGINNING. Said described parcel contains approximately 39.214 acres. Sent By: EHM ENGINEERS; 12087346049; Oct-5-00 12:31PM; Page 3 OOcx O "EXHIBIT A" tiOIte�AICI��0CII2FV� ,I IZIVNIKMnd x c N a J _ I1 II F fib w � aaa No� � � F ;� tot t i 'loll ! c g �. 1 � �seL •t . 10 sJYM ! e _ e I 9t P " " .. •g y T sk gig AkR 24 25 ' 7 1L, u w 0 dd Ap n.� r �- yr T i1Y r rt -i • — N 1 I 'L r P 11 ,3 8 v ` 'Ws 9 - 1 6 i "EXHIBIT B" REZONE EXHIBIT [ FOR U u AMAZING GRACE FELLOWSHIP C z LOCATED IN A PORTION OF — Z I w W1/2 SW1/4, SECTION 2 S T. 10 S.. R. 17 E., B.M. yj d N TWIN FAILS COUNTY, IDAHO ► \ O u N N e 2000 4) C u w N + c O r •4�� W N .OALt •• FWT \ EASTLAND DR— M 'u•w;1/•L•f• N .. • • •• • • . • • •_ • M W __ __ ____ Cl-'n �7 yr •�^h-' Z I • . . I . . 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