HomeMy WebLinkAboutNorthbridge #2 Complete file r' l .-, r
C-1 PLANNED UN E_VI LOPMENT AGREEMENT
NORTHBRIDGE NO. 2 ` /,
THIS AGREEMENT, made and entered into this Z day of
19 94 , by and between the CITY OF TWIN FALLS, a
municipal orporation , State of Idaho (hereinafter called "City" ) ,
and Northbridge Plaza, Inc . an Idaho Corporation (hereinafter
called "Developer" ) , whose -address is P . O. Box 223 , Twin Falls ,
Idaho 83303-0233 .
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RECITALS
WHEREAS, Developer is the owner of the certain tract of land
in the City of Twin Fails , State of Idaho , more particularly
described in Exhibit "A" , attached hereto, ( the "Property" ) which
Property is bounded by Washington Street North to the West ,
Northbridge C-1 & R-4 Pro PUD to the South, and Harrison Street
Extended to the East , known as Northbridge C-1 PUD No. 2 .
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
commercial subdivision ( the "Project" ) on the Property and has
submitted to the City a Master Plan (Exhibit "C" ) thereof which has
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been approved for development as a "C-1 PUD" by the Planning and
Zoning Commission and City Council of the City; and
WHEREAS, City, by and the through its City Council , has agreed
to the development of said Project within the City of Twin Falls ,
Idaho, subject to certain terms , conditions and understandings,
which terms , conditions and understandings are the subject of this
aareement .
COVENANTS
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Developer and City agree as follows :
1 . NATURE OF THE AGREEMENT . This agreement shall become
part of the "C-1 PUD" zone with respect to the Project 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
"Project" zone shall be interpreted as follows :
A. OPEN SPACE. The Developer has proposed to dedicate
to the Citv of Twin Falls a strip of land situated along Perrine
Coulee (description attached as Exhibit "B" ) known as Perrine
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Coulee Refuae and a 50 foot strip along the Snake River Canyon Rim
as shown on the Master Plan.
The Open Space along the Snake River Canyon Rim shall be a
minimum of 50 feet measured from the vertical canyon wall . The 50
feet of width shall be sufficiently located to afford the City
adequate space in which to construct a 10 foot bicycle path.
The Citv' s use of the Open Space shall be those specified by
the City Zoning Code for Open Space. The City agrees to abide by
the requirements of the governmental agencies having jurisdiction
over the lands and/or water within the Open Space.
The City shall construct the bike path at its sole cost and
expense. The City shall maintain the bike path independent of its
agreement with the Association for maintenance of the Open Space.
The Citv shall be a member of the Association. The land outside
the bike path shall be maintained by the Association.
The City agrees to indemnify and hold harmless the Developer
and its successors from any and all liability of whatever kind or
nature incurred on or about the Open Space, except for those
claims , actions or damages caused or contributed to by the
negligence or other wrongful acts of the Developer or its agents or
successors .
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The siting and design of improvements shall be reviewed and
approved by the Developer or its assigns , which approval will not
be unreasonablv withheld.
The City and Developer agree that when either party intends to
develop a portion or portions of the Canyon Rim area that a
mutually acceptable grading plan shall be prepared by either party.
This grading plan shall allow for the removal and/or replacement of
earth along the common property boundary between the two
properties . The intent of the plan is to provide a flatter
(smoother) area for a bike path and to provide a better view from
adjacent properties . Cost of grading shall be borne by the party
first developing or as may be mutually agreed to.
The Developer will deed to the -City all Open Space upon
recording of the first final plat . The City will then have five
(5) years to complete all improvements within the Open Space unless
otherwise agreed to in writing. It is the intent of the City and
Developer that the Open Space improvements be completed in a timely
manner. Should the City fail to construct the bike path and
related improvements within the Open Space within the five years ,
the land adjacent to the Canyon Rim shall revert to the Developers
! to dispose of as they see fit .
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The improvements may consist of a bike path, safety features ,
landscaping, benches and restrooms along with landscaping. All
such improvements shall be constructed by the City at City expense.
The City shall allow the Developer unrestricted underground
utility and drainage access over, under and across the Open Space,
as well as such above ground access easements as are deemed
necessary by the Developer for the reasonable development of the
property. The City shall also allow the same unrestricted access
for the future adjoining landowners .
B. • USES . (See attached map of the Project . Exhibit
1 . Limited Commercial : This area shall meet the
requirements of the Limited Commercial Zone described in attached
Exhibit "D" with the following exceptions :
(a) Building Height shall be limited to
thirty-five feet . The Council may allow greater than standard
building heights with or without extra setback requirements
providing all floors have a fire sprinkler system approved by the
Fire Chief and City Engineer. The requirement for a fire sprinkler
system may be waived by the Council , based on recommendations from
the Fire Chief , for a building which is accessory to a farming use
and not intended for human occupancy providing the property owner
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releases the City from all fire protection responsibility and
liability.
Lots bordering the Canyon Rim shall have
a minimum of 50 foot setback from the established public rim Open
Space area. This 50 foot setback may be waived by the Developer or
its assigns for 50 percent of the Canyon Rim lot frontaae if it can
be demonstrated that the encroachment will not detract from the
overall Canyon Rim setting and aesthetics . Buildings within the 50
foot setback area ( 50 feet from the property line) shall have a
height limited to one story and 35 feet unless changed by approval
of the Developer and the Planning and Zonina Commission.
(b) The City agrees that a geologic study has
confirmed the safety of residential construction on the property
within the 50 foot setback from the property line, however all
commercial buildings encroaching on the 50 foot setback shall have
additional geological work performed and confirmed by the City
Engineer.
(c) Signs shall be low profile and shall not
exceed 10 feet in height . Signs may not be larger than 100 square
feet and shall only have letters that be can illuminated
internally. No signs shall be allowed to face the Canyon Rim or
Perrine Coulee Refuge except directional signing for business
purposes . Individual letters and logos , indirectly or internally
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illuminated, are limited to a 16 inch height . The sign plan shall
require approval by the ARB.
(d) All lots bordering the Perrine Coulee
Refuge shall design their buildings to have an architectural finish
consistent with the surrounding area and the overall theme of the
development on the building wall or walls fronting on the Perrine
Coulee Refuge. The area bordering the Perrine Coulee Refuge shall
be kept neat and clean and shall not be used for storage unless
screened from the view of the Perrine Coulee Refuge. Building
finishes will be approved by the ARB.
Except as provided herein
, the Limited
Commercial area shall meet the requirements of the City ' s C-1
Commercial Highway District zone, as well as, Section 10-4-8 of the
current Zonina and Subdivision Regulations .
2 . Commercial : Except as provided herein this
area shall meet the requirements of the City' s C-1 Commercial
Highway District zone, as well as Section 10-4-8 of the current
Zoning and Subdivision Regulations . The following are exceptions
to the regulations :
(a) All lots bordering the Perrine Coulee
Refuge shall design their buildings to have an architectural finish
consistent with the surroundina area and the overall theme of the
development on the building wall or walls fronting on the Perrine
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Coulee Refuge. The area bordering the Perrine Coulee Refuge shall
be kept neat and clean and shall not be used for storage unless
screened from the view of the Perrine Coulee Refuge. Building
finishes will be approved by the ARB.
(b) Signs shall be low profile and shall not
exceed 10 feet in height . Signs may not be larger than 100 square
feet and shall only have letters that can be illuminated
internally. No signs shall be allowed to face the Canyon Rim or
Perrine Coulee Refuge except directional signing for business
1 purposes . Individual letters and logos , indirectly or internally
illuminated, are limited to a lb inch height . The sign plan shall
require approval by the Developer or its assigns.
(c) Under Section 10-4-8 . 2-1 .a Use Reg-
ulations , Residential : Household buildings will have a minimum of
four ( 4 ) units .
3. Multi-Family/Professional : This area shall
meet the requirements of the Multi-Family/Professional Zone
described in the attached Exhibit "E" with the following
exceptions:
(a) Signs shall be low profile and only
letters can be illuminated internally. The sign plan will need
approval of the Developer or its assigns .
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Except as provided herein, the Residential
area shall meet the requirements of the City' s R6, Residential
Multi-Household District with a professional overlay, Section 10-4-
6 of the current Zoning and Subdivision Regulations.
4 . Residential : This area shall meet the
requirements of the Residential Zone described in the attached
Exhibit "F" with the following exceptions :
(a) Signs shall be low profile and only
letters can be illuminated internally. The sign plan will need
approval of the Developer or its assigns .
Except as provided herein, the Residential area
shall meet the requirements of the City' s R6 , Residential Multi-
Household District , Section 10-4-6 of the current Zoning and
Subdivision Regulations .
5. Limited Residential : Except as provided
herein, the Limited Residential area shall meet the requirements of
the City' s R2 , Residential Single Household or Duplex District ,
Section 10-4-4 of the current Zoning and Subdivision Regulations .
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
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phase to the City Council . The designation and location of
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specific uses on the Master Plan are conceptual and minor changes
therefrom shall not provide basis for disapproval of any final
plat . There shall be no minimum and a 10 year maximum time limit
between phases .
3 . STREET, SEWER VaTER AND DRAINAGE IMPROVEMENTS. Developer
shall be responsible for the design and construction of street ,
sewer, water and drainage systems on the Property and adjacent
right-of-way (hereinafter "Improvements" ) as described herein in
\ accordance with City Standards . Adjacent right-of-way is defined
as that portion of Washington Street North dedicated under
Paragraph 7 .
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
Improvement shall thereon shall meet the approval of the City,
which approval shall be given if such plans conform with
established City requirements, the Master Plan and this PUD
Agreement .
B. IMPROVEMENT DESIGN AND CONSTRUCTION. Developer, at
its expense, shall cause all Improvements shown on the Improvement
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Plans to be designed, constructed and installed consistent with the
approved Improvement Plans except as otherwise provided therein.
Notwithstanding the foregoing, nothing in this agreement shall
prohibit City participation in the cost or financing of im-
provements on the Property if mutually agreed to by the parties
hereto.
C. PHASED CONSTRUCTION. Developer may install the
Improvements at one time, or in phases , as the Developer shall
determine in its sole discretion. Developer shall provide the City
with written notification of the timing and scope of the portion,
or portions , of said Improvements it intends to complete at that
time. Developer agrees to make such modifications to construct any
temporary facilities necessitated by such phased construction work
as shall be reasonably required and approved by the Citv.
D. CONSTRUCTION SUPERVISION. Developer shall use a
registered professional engineer 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 anv of the Im-
provements are not consistent with the Improvement Plans , the City
shall give written notice to Developer of said non-compliance.
Developer shall cure said non-compliance within thirty days of its
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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 conuletion. 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 only that phase of such "PUD"
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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 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
the 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
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be paid for by individual developers and users at the rates set by
applicable City ordinances and resolutions .
G. MAINTENANCE OF IMPROVEMENTS. City hereby agrees to
accept maintenance responsibility for the public improvements upon
their completion to City Standards in accordance with current City
policy.
4 . PLATS. Developer agrees to file with City preliminary
plat , or plats in phases , prepared by a registered professional
engineer, of the real property which is the subject of this
agreement . Preliminary and final plats for phases to be developed
shall be submitted specifically identifying and dedicating all
necessary public easements and those rights-of-ways the City agrees
to accept herein and in the Standard Developer' s Agreement . It is
agreed that said plats and any amendments thereto must first be
approved by the City.
5 . INDIVIDUAL PARCEL DEVELOPMENT CRITERIA. The Property or
any portion thereof shall be developed in accordance with criteria
set forth in this Section S.
A. APPROVAL AND CONSTRUCTION. All improvements shall
be constructed in accordance with engineered drawings and
specifications , describina in reasonable detail the work to be
performed, with drawings and specifications to first be approved by
City, which approval shall not be unreasonably withheld.
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B. LANDSCAPING. Perimeter landscaping along Washington
Street North and interior streets shall be required to be installed
on each parcel of the Property and in the public rights-of-way
adjacent thereto at the time site and building improvements are
completed thereon, or by the next planting season. Such landscaped
perimeter shall be installed from the back of the sidewalk in the
public rights-of-way and shall be extended to the dimensions set
forth below.
A 30 foot landscape buffer along Washington Street
North and a 20 foot buffer along interior streets including a 5
foot wide City standard sidewalk shall be required from the back of
the curb.
Each property owner shall be required to meet
minimum landscaping requirements , if required, in addition to the
30 feet of perimeter landscaping in accordance with an approved
design submitted with building permit application .
Each property owner shall maintain the landscaping
on his property and in the public rights-of-way adjacent thereto.
Notwithstanding the foregoing, alternately, in the event Developer
i 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" .
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D. LANDSCAPING PLAN. For each buffer area, at the time
of development , each parcel shall be landscaped to include the
following: Fifty percent ( 50% ) of the lineal footage of
landscaping shall have berms with a ridge elevation of at least
eighteen inches ( 18" ) in height with at least fifty percent ( 50%)
of the berming having a minimum ridge elevation of thirty inches
( 30" ) in height (except in front of car dealerships the 30"
requirement may be lowered to 24" ) . The landscape perimeter shall
be planted in grass with a minimum of one tree per five hundred
(500 ) square feet of landscape 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. At least
fifty percent ( 50%) of all trees and shrubs shall be from the
following groups : Austrian Pine, Green Ash, Honey Locust and
Flowering Crab, Plum or Cherry. Trees and shrubs may be grouped,
but there shall be no space greater than seventy-five feet ( 75 ' )
between tree and shrub groupings . All trees shall have a height of
at least four feet ( 4 ' ) when planted.
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= To help mitigate the negative impact of parking
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areas in addition to the perimeter landscaping seven percent ( 7% )
of the parking area shall be required to be landscaped within the
commercial and professional areas of the development . The use of
planters within parking lots is required and these shall be planted
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with shade trees and shrubbery. Landscaping shall be required
where commercial and professional uses are adjacent to residential
uses . A ten ( 10 ) foot buffer is required to provide sound and
visual buffering. The buffer area is to be landscaped with
coniferous and deciduous trees and/or solid fencing with shrubs ,
berms , wall and/or planter boxes to create a dense buffer in a
relatively short period of time. In all cases landscaping will
meet or exceed the minimum requirements of Section 10-11-2 :
Landscaping of the Citv of Twin Falls Zoning and Subdivision
Regulations .
E. BUILDING STANDARDS. Buildings and improvements
shall comply with the following standards .
1 . OUTSIDE STORAGE. Refuse and outside storage
areas shall be visibly 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.
Screening shall be approved by the Developer or its assigns .
2 . UTILITIES. All on-site utility service 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 screening material . Relocation and undergrounding of
- electrical lines does not apply to transmission lines currently
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located on the property. The City shall endeavor to work with the
Developer and utility companies to move existing transmission lines
Mto an area outside the ultimate roadway on Washington Street North.
The Developer shall prepare a plan for relocation of the
transmission line along the Canyon Rim and Perrine Coulee Refuge.
The City and Developer shall then approach Idaho Power Co . to see
if the plan can be implemented to the satisfaction of all parties .
F. CODES. All construction on the Property shall be to
the standards established by applicable codes .
5. ILLUMINATION. The lamp of any exterior lighting shall
not be -visible from any other property and all reasonable effort
shall be made to minimize the harshness or glare of any lighting.
6 . WIDENING OF WASHINGTON STREET NORTH. Developer hereby
agrees to convey to the City, as part of the final platting for
phases abutting Washington Street North, the area under the
Developer' s ownership including additional right-of-way required.
Those parts of .the development phases abutting Washington Street
North shall be widened at the Developer' s expense pursuant to the
Standard Developer' s Agreement , bringing Washington Street North to
a 32 foot width from the section line common to Section 33 and 34 .
Any future widening shall be handled outside the scope of this
\ agreement .
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7. TIME LIMITATION. The "C-1 PUD" zone designation on the
Property described in Exhibit "A" is expressly conditioned upon
submission to the City Council of a final development plan of the
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first phase of development within one ( 1 ) year from the date
hereof . The Developer may apply for one or more one -year
extensions , provided application is made in advance of the one year
expiration. Approval shall not unreasonably be withheld.
8 . STANDARD DEVELOPER ' S AGREEMENT . It is understood and
agreed by the parties hereto that Developer shall execute the
) 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.
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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 construed
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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
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mailed to the party to receive such at its address 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: Northbridge Plaza, Inc .
Attention R. G. Messersmith, President
1615 Addison Avenue East
P O Box 223 '
) Twin Falls , Idaho 83303-0223
CITY: City of Twin Falls
321 Second Avenue East
P O Box 1907
Twin Falls , Idaho 83303-1907
E. SUCCESSORS AND ASSIGNS . This agreement shall- be
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binding upon the successors , assigns and legal representatives of
the parties hereto. Transfer of all or a portion of the Property
shall create a novation releasing the transferor from obligations
under this agreement with respect to said transferred property.
F. SEVERABILITY. In the event any portion of this
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agreement is declared by a Court of competent jurisdiction to be
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invalid, illegal , or unenforceable , such portion shall be deemed
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severed from this agreement , and the remaining portions shall not
be affected thereby.
G. SIGNATORIES . Each of the persons executing this
agreement hereby represents and warrants 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 agreement shall become valid
and binding only upon its approval by City, through its ' City
Council , and upon its execution by the Mayor and the Developer.
I. ATTORNEY FEES . In the event that either party
should be required to retain an attorney to institute litigation
because of the default or breach of the other, or to pursue any
remedy provided by law, the party which prevails in such 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 contract 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 .
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K. ATTACHMENTS. All attachments to this Agreement and
recitals are incorporated herein and made a part thereof 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 .
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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
ATTEST: ,��,��C � ✓ BY
D.eputy y Clerk Mayor
i %1%491frl't
�. o Northbridae Plaza, Inc .
J S ha
�,.� �,'•?®vm�,.H , ° ?�a Messer mi th, President
ce P. Olsen , Secretary/Tres .
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ACKNOWLEDGEMENTS
fSTATE OF IDAHO )
) ss .
j COUNTY OF TWIN FALLS )
On this /8 day of 1994 , before
me, the undersigned, a Nota bli nd for said State and
County, personal appeared known to mer P
to be the _ of T Falls , the municipal
corporation that xecuted the within and f egoing 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 seal , the day and year in th',�s certificate first above
written .
ESHI'ARON hil. Bql y/'!' ARY PUB IC O I O
irID Ar-1� Residence off
�t
- My Commission Expiresaa l�
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ACKNOWLEDGEMENTS
STATE OF IDAHO )
) ss.
COUNTY OF TWIN FALLS )
On th.i s S1 day of 1994 , before me
personally appeared R.G. Messersmith and Bruce Olsen, know and
identified to me to be President and Secretary/Treasurer, of the
corporation that executed the instrument or the persons who
executed the instrument on behalf of said corporation, and
acknowledae to me that such corporation executed the same .
;. �S •L ARY P'LVLIfC OF IDAHO
Residence of
My Commission Expires ?_!�
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NORT-iBR I IDGE
ZONE CHANGE REQUEST
LEGAL DESCRIPTION
for
PROPOSED C-1 PUD No . 2
December 17 , 1993
A parcel of land located in the SW 1/4 of Section 33 , Township 9
South , Range 17 East of the Boise Meridian in Twin Falls County,
Idaho more particularly as follows :
Commencing at the. Southwest corner of said Section 33 ; thence
running North 0'00 ' 00" East along the westerly boundary of said
Section a distance of 525 . 00 feet to the REAL POINT OF BEGINNING ;
THENCE continuing.-North 0°00 ' 00" East- a distance of 2116 . 09
1 feet to the Northwest corner of said SW 1/4 ;
THENCE North 89° 38 ' 51" East a distance of 217 . 27 feet more or
less to the intersection of the Snake River Canyon Rim with the
North boundary of said SW 1/4 ;
THENCE along said Canyon Rim on the following successive
courses ; .
South 52° 19 ' 38 " East- a distance of 240 . 25 feet :
South 62°22 ' 32" East a distance of 70 . 83 feet ;
South 45°20 ' 13 " East a distance of 195 . 75 feet ;
South 62°56 ' 03" East a distance of 117 . 29 feet ;
South 79°00 ' 56" East- a distance of 243 . 15 feet ;
South 67 ° 19 ' 25" East a distance of 265 . 53 feet ;
South 87° 17 ' 45" East a distance of 114 . 24 feet :
North 86°0321" East a distance of 17 . 16 feet ;
South 73°25 ' 59" East a distance of 314 . 20 feet ;
South 45'02 ' 03" East a distance of 342 . 70 feet ;
South 32'32 ' 59" East- a distance of 124 . 60 feet ;
South 37' 55 ' 00" East a distance of 82 . 60 feet ;
North 40 °08 ' 52 " East a distance of 217 . 62 feet ;
North 61°56 ' 03" East a distance of 61 . 30 feet ;
South 66,06 ' 03 " East a distance of 89 . 90 feet ;
South 7 6'2 9 ' 5 9" East a distance of 398 . 20 feet more or less to
a point on the East boundary of the SW 1/4 said point bears North
0°27 ' 35" East a distance of 1663 . 36 feet more or less from the
Southeast corner of said SW 1/4 ;
EXHIBIT A
aC�
C) "�� 1 �
ITHENCE South 0'27' 35" West a distance of 863 . 36 feet along the
East boundary of said SW 1/4 ;
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THENCE South 89034 ' 43" West parallel to and 800 . 00 feet North
of the South boundary of said SW 1/4 a distance of 2274 . 17 feet
mire or less to a point that lie: North 89'34 ' 43" East 375 . 00 feet
and North 00025 ' 17" West a distance of 274 . 92 feet from the REAL
POINT OF BEGINNING;
THENCE South 00025 ' 17" East a distance of 274 . 92 feet ;
THENCE South 89034 ' 43" West a distance of 375 . 00 feet to the
REAL POINT OF BEGINNING .
EXCEPT a parcel of land located in the SW 1/4 of Section 33 ,
Township 9 South , Range 17 East of the Boise Meridian in Twin Falls
County , Idaho more particularly as follows :
Commencing at the Southwest corner of said Section 33 , thence
running North 0000 ' 00" East along the westerly boundary of said
Section a distance of 525 . 00 feet ; thence North 89' 34143" East
parallel to the South boundary of said- SW 1/4 a distance of 375 . 00
aet ; thence North 00'2.5 ' 17 " West a distance of 274 . 92 feet ; thence
orth 89'34 ' 43" East -parallel to and 800 . 00 feet North of the South
cc.s dit-� n - o L 1544 .
boundary 'of said SW 1/4 a a 17 Let to the REAL
POINT OF BEGINNING ;
THENCE North 01000 ' 00 " East a distance of 200 . 00 feet ;
THENCE North 02045 ' 00" East a distance of 335 . 00 feet ;
THENCE North 04 ' 27 ' 45" East a distance of 218 . 70 feet ;
THENCE North 15' 06 ' 22" East a distance of 74 . 76 feet more 'or
less to the intersection of the Snake River Canyon Rim;
.THENCE along said Canyon Rim on the following successive
courses ;
South 37'55 ' 00 " East a distance of 27 . 75 feet ;
North 40'O8 ' 52" East a distance of 77 . 50 feet to a point that
lies North 02037 ' 30 " East 1661 . 31 feet and South 89034 ' 43" West
613 . 82 feet m re or less from the Southeast corner of said SW 1/4 ;
THENCE South 05' 45 ' 26" East a distance of 353 . 58 feet ;
THENCE South 08009 ' 39"West a distance of 390 . 00 feet ;
THENCE South 28' 30 ' 00 " East a distance of 140 . 00 feet ;
THENCE South 89034 ' 43 " West a distance of 170 . 00 feet to the
REAL POINT OF BEGINNING .
,The area above described contains 78 . 4 acres more or less .
EXHIBIT A
I
I
LEGAL DESCRIPTION
for
i
PROPOSED OPEN SPACE
(C-1 PUD No . 2 )
j December 17 , 1993
I
A parcel of land located in the ' SW 1/4 of Section 33 , Township 9
South , Range 17 East of the .Boise Meridian in Twin Falls County,
Idaho more particularly as follows :
Commencing at the Southwest corner of said Section 33 , thence
running North 0'00 ' 00 " East along. the westerly boundary of said
Section a distance of 525 . 00 feet ; thence North 89 34 ' 43" East
parallel to the South boundary of said SW 1/4 a distance of
375 . 00 feet ; thence North 00° 25 ' 17 " West a distance of 274 . 92
feet ; thence North 89' 3443" East parallel to and 800 . 00 feet
North of the South boundary of said SW 1/4 a distance of 1544 . 17
feet to the REAL
JOINT OF BEGINNING ;
THENCE North 01° 00 ' 00 " East a distance of 200 . 00 feet ;
THENCE North 02045 ' 00" East a distance of 335 . 00 feet ;
THENCE North 04027 ' 45 " East a distance of 218 . 70 feet ;
THENCE North 15006 ' 22" East a distance of 74 . 76 feet more or
less to the intersection of the Snake River Canyon Rim;
THENCE along said Canyon Rim on the following successive
courses ;
South 37°55 ' 00 " East a distance of 27 . 75 feet ;
North 40 °08 ' 52 " East a distance of- 77 . 50 feet to a point that
lies North 02' 37 ' 30 " East 1661 . 31 feet and South 89034143" West
613 . 82 feet nore or less from the Southeast- corner of said SW 1/4 ;
THENCE South 05045 ' 26" East a distance of 353 . 58 feet ;
THENCE South 08009 ' 39 " Wert a distance of 390 . 00 feet ;
THENCE South 28030 ' 00 " East a distance of 140 . 00 feet- ;
THENCE South 89" 34 ' 43" West a distance of 170 . 00 feet to the
REAL POINT OF BEGINNING .
The area above described contains 2 . 3 acres more or less .
EXHIBIT B
-
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P U D C 2291
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NORTHBRIDGE C-1 PUD NO. 2
ALLOWABLE USES
LIMITED COMMERCIAL
DECEMBER 22 , 1993
USE REGULATIONS :
Permitted Uses . Buildings , Structures or premises shall be used
and buildings and structures shall hereafter be erected , altered or
enlarged only for the following uses :
Residential
Household buildings with a minimum of two ( 2 ) units .
Household units in same building as a commercial use and which
is occupied by the owner or employee of the commercial use .
Household units existing at the time this Title is adopted .
Rooming halls , residence halls and residential hotels .
Transient lodgings .
Home Occupations .
Retail Trade Uses as follows :
/ Apparel and accessories .
Eating Places .
Sporting goods .
Bakery - as a specialty shop .
Bookstore.
Craft shop conduced in conjunction with retail business which
may include ceramics , mosaic, fabrics , jewelry , leather croods ,
silk screening, dress designing, sculpturing and wood carving.
Florist .
Ice cream store.
Import store .
Music store .
Public Parks and Playgrounds .
Open Space .
EXHIBIT D
i
Communication and Utilities Facilities .
I
i
Radio and television stations without transmission and
i receiving towers .
Cultural Facilities .
Libraries , museums and art galleries .
Planetaria .
Historic sites and monuments .
Aquariums .
Botanical gardens and arboretums .
Transportation Facilities .
Tickets and arrangements .
Bus pickup shelters .
Automobile open parking lot or garage .
Services .
Finance and investment .
Insurance and related .
Real estate and related.
Photographic .
Beauty and barber .
Apparel repair and alternations .
Professional .
Medical , clinics and related services .
Advertising.
Consumer , credit , collection .
Duplicating stenographic .
News syndicate .
Employment .
Nursing homes and rest homes .
Construction trade offices .
Governmental facilities .
Business associations .
Professional organizations .
Labor unions organizations .
Civic , social and fraternal organizations .
Public , private or commercial academic schools .
Religious facilities .
EXHIBIT D
i
Printina and Publishing.
Special Uses . A special use permit may be granted for a permanent
use that is not in conflict with the Comprehensive Plan and that is
not permitted outright because it may conflict with other uses in
the District unless special provisions are Laken . Special use
permits may be granted for the following uses :
Retail Trade
Alcoholic beverages when consumed on premises where sold .
Sporting Facilities .
Ice and roller skating.
Swimming pools .
Athletic areas .
Indoor recreational facility.
Cultural Facilities .
Utility owned buildings and structures ( less than 25 square feet in
area and less than 3 ' above natural around are permitted uses ) .
Transportation .
EXHIBIT D
1
NORTHBRIDGE C-1 PUD NO . 2
I ALLOWABLE USES
MULTI—FAMILY/PROFESSIONAL
DECEMBER 22 , 1993
USE REGULATIONS :
Permitted User . Buildings , Structures or premises shall be used
and buildings and structures shall thereafter be erected , altered
or enlarged only for the Following uses :
Residential
Single household dwellings .
Multiple household dwellings .
Accessory buildings , personal swimming pools and other
accessory uses .
Open Space .
Public Parks .
?laygrounds .
Under and above ground transmission lines .
Special Uses . A special use permit may be granted for a permanent
use that is not in conflict with the Comprehensive Plan and that is
not permitted outright because it may conflict with other uses
unless special provisions are taken . Special use permits may be
Granted for the following uses :
Golf courses and country clubs .
Private outdoor tennis courts .
Private outdoor ice and roller skating.
Outdoor commercial and public swimming pools .
Libraries , museums , art galleries .
Botanical gardens and arboretums .
Historic sites , monuments .
EXHIBIT E
i
I
Bus pickup shelters .
Religious facilities .
Home occupations.
Radio and television stations without transmission and receiving
towers .
Nursing homes and rest homes .
Professional services including real estate and insurance offices .
Utility owned buildings and structures ( less than 25 square feet in
area and less than 3 ` above natural ground are permitted uses ) .
EXHIBIT E
i
NORTHBRIDGE C-1 PUD NO. 2
ALLOWABLE USES
RESIDENTIAL
DECEMBER 22 , 1993
USE REGULATIONS :
Permitted Uses . Buildings , Structures or premises shall be used
and buildings and structures shall thereafter be erected , altered
or enlarged only for the following uses :
Residential
Single household dwellings .
Multiple household dwellings .
Accessory buildings , personal swimming pools and other
accessory uses .
Open Space.
Public Parks .
Playgrounds .
Under and above ground transmission lines .
Special Uses . A special use permit may be granted for a permanent
use that is not in conflict with the Coinnr. ehensive Plan and that is
not permitted outright because it may conflict with other uses
unless special provisions are taken . Special use permits may be
granted for the following uses :
Golf courses and country clubs .
Private outdoor tennis courts .
Private outdoor ice and roller skating.
Outdoor commercial and public swimming pools .
Libraries , museums , art galleries .
Botanical gardens and arboretums .
Historic site , monuments .
EXHIBIT F
I
I
Bus pickup shelters .
Religious facilities .
P
Home occupations .
Radio and television stations without transmission and receiving
towers .
Nursing homes and rest homes .
Professional services including real estate and insurance offices .
Utility owned buildings and structures ( less than 25 square feet in
area and less than 3 ' above natural ground are permitted uses ) .
i
EXHIBIT F
DALE L. RIEDES L PE./L.S.
Engineer • Surveyor • Planner
g BLUE LAKES BLVD. NO., SUITE 103 TWIN FALLS, IDAHO 83301 TELEPHONE (208) 733-2446
May 2 , 1994
Mr. LaMar Orton
Community Development Director
P O Box 1907
Twin Falls , Idaho 83303-1907
RE: Final PUD Agreement
MOVE - Northbridae Plaza, Inc.
Northbridge C-1 PUD No. 2
Dear Mr. Orton:
Attached is the final draft of the above referenced PUD
Agreement signed by the Owners . The minor corrections you
recommended have been made.
I have also added a paragraph in Section 2 . a page 4
concerning a mutual agreement for grading of the open space area
along the canyon rim. In order to have the around, which will be
common to the bike path and the developed around, useable by both
parties an agreement for a grading plan needs to be made.
Whoever develops first will need the right to go onto the other
owners property and remove or replace earth to better accommodate
the bike path and/or view. Currently the existing slope in
places is not satisfactory either .
I have attached a sketch which shows the condition and a few
photographs .
I would appreciate getting the mayor to execute the
agreement .
R _ ctfully submitted,
Dale L. Rie esel , P.E. /L. S.
Project Manager
F
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TWIN FALLS COUNTY PU �� -7
RECORDED FOR; .
�v
TWIN FALLS, CITY OF
9:23:30 ail 08-10-2006 P.U.D. AMENDMENT FOR NORTHBRIDGE NO. 2
2006-019870 AUGUST, 2005
H0, PAGES: 22 FEE: S
KRISTIHA GLASCOCK
COUM CLERK
DEPUTY: CHICE
THIS AMENDMENT, made and entered into this 5 day of AC4
2005, by and between the CITY OF TWIN FALLS, a municipal corporation, State of
Idaho (hereinafter called "City"), and Lyons Development, LLC., an Idaho Corporation
(hereinafter called "Developer"), whose address is Boise, ID 83714.
RECITALS
WHEREAS, the Developer is requesting the amendment to the Northbridge 2 Planned
Unit Development Agreement (hereinafter called "The Agreement"), generally described
as follows:
Northbridge No. 2 P.U.D, parcels 3A and 3B, totaling approx. 3.6 acres and
located in the 1800 Block of Washington Street North and adjacent to said street,
about 462 feet north of Pole Line Road, and adjacent to and south of the West
Hampton Phase 1 project, and
WHEREAS, the Developer wishes to construct a "Self Storage Facility" on the property,
hereinafter called "The Project", which is currently designated by The Agreement as
"Limited Residential" and "Multi-Family/Professional", and which requires an
amendment (hereinafter called "The Amendment") to The Agreement, and
WHEREAS, The Amendment applies strictly to the Developer's property as described
above, and the Agreement applies to all other aspects of the Developer's property.
COVENANTS
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, Developer and City agree as follows:
1. NATURE OF THE AMENDMENT. This Amendment shall become part of the
Agreement. Developer and its assigns or successors in interest, as well as the
City and it3 assigns or successors (if any), shall be bound by the terms and
conditions contained herein.
2. CONCERNS OF THE LOS LAGOS PROPERTY OWNER'S ASSOCIATION,
INC. This Amendment contains provisions, attached in Exhibit No. 1, that
address the concerns of the Los Lagos Property Owner's Association, Inc.
These concerns shall be binding on the Developer and the Project. Further, this
amendment contains a letter in Exhibit No. 2 from Los Lagos Property Owner's
Association, Inc., stating the Association has reviewed this final document and
has no further additions to make.
Page 1 of 5
P:tGENERA2-tFILESi773`,r4est Park\,PUD A1,i_NDPatENT,773-FINAL PUD Amendment.doc•
r
P.U.D. AMENDMENT FOR NORTHBRIDGE NO. 2 a
i AUGUST, 2005
I
THIS AMENDMENT, made and entered into this day of 4-,
2005, by and between the CITY OF TWIN FALLS, a municipal corporation, State of
Idaho (hereinafter called "City"), and Lyons Development, LLC., an Idaho Corporation
(hereinafter called "Developer"), whose address is Boise, ID 83714.
RECITALS
I WHEREAS, the Developer is requesting the amendment to the Northbridge 2 Planned
Unit Development Agreement (hereinafter called "The Agreement"), generally described
as follows:
Northbridge No. 2 P.U.D, parcels 3A and 3B, totaling approx. 3.6 acres and
located in the 1800 Block of Washington Street North and adjacent to said street,
about 462 feet north of Pole Line Road, and adjacent to and south of the West
Hampton Phase 1 project, and
WHEREAS, the Developer wishes to construct a "Self Storage Facility" on the property,
hereinafter called "The Project", which is currently designated by The Agreement as
"Limited Residential" and "Multi-Family/Professional", and which requires an
amendment (hereinafter called "The Amendment") to The Agreement,. and
WHEREAS, The Amendment applies strictly to the Developer's property as described
above, and the Agreement applies to all other aspects of the Developer's property.
COVENANTS
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, Developer and City agree as follows:
1. NATURE OF THE AMENDMENT. This Amendment shall become part of the
Agreement. Developer and its assigns or successors in interest, as well as the
City and its assigns or successors (if any), shall be bound by the terms and
conditions contained herein.
C 2. CONCERNS OF THE LOS LAGOS PROPERTY OWNER'S ASSOCIATION,
INC. This Amendment contains provisions, attached in Exhibit No. 1., .that
p address the concerns of the Los Lagos Property Owner's Association, Inc.
jThese concerns shall be binding on the Developer and the Project. Further, this
amendment contains a letter in Exhibit No. 2 from Los Lagos Property Owner's
Association, Inc., stating the Association has reviewed this final document and
I has no further additions to make.
Page 1 of 5
„:lam �E�r>..ir1L Si'%3=;best ParkTUD Ai IENI)MENT;'73-LlNAL PU'D AmenlrrinnU`oc
'y
P.U.D. AMENDMENT FOR NORTHBRIDGE NO. 2
AUGUST, 2005
3. APPLICATION OF THE AMENDMENT. The Amendment applies to:
a. Section 2.13.3— Multi-Family/Professional located on page 8 of the
original COVENANTS and Exhibit E of The Agreement.
b. Section 2.13.5 — Limited Residential located on page 9 of original
COVENANTS and Exhibit C in the Agreement.
The portions of the Agreement mentioned above are attached to this Amendment
as Exhibit No. 3. The modifications to the Agreement and the application of the
Agreement to the Amendment are described below:
• MODIFICATION. The Amendment modifies COVENANTS 2.B.3 "Multi-
Family/Professional" Use found on page 8 of the Agreement. The section
from the Agreement is transcribed below and underlined with an added
paragraph noted in bold italics:
3. Multi-Family/Professional: This area shall meet the requirements of
the Multi-Family/Professional Zone described in the attached Exhibit "E"
with the following exceptions:
(a) Signs shall be low-profile and only letters can be illuminated
internally. The sign plan will need approval of the Developer
or its assigns.
Except as provided herein, the Residential area shall meet the
requirements of the City's R6, Residential Multi-Household District with
a professional overlay, Section 10--4-6 of the current Zoning and
Subdivision Regulations.
The "Multi-Family/Professional Zone"designation, for the Project
area only, shall allow a "Self Storage Facility"to the exclusion of
other uses. The Project will be substantially as depicted in the
drawings in Exhibit No. 3 attached to this Amendment. The "Self
Storage Facility"shall meet the requirements of the City's C1,
Commercial Highway District, Section 10-4-8, restricted to the
following sections:
j 10-4-8.2: USE REGULATIONS— (A) Permitted Uses— 7.
Residential— (g). Household units in upper floors of
commercial or professional.
Page 2 of 5
Y:«ENERAL1�3LES1773-',Jest Park\.PIID ANAENDMEN i°:773-`IN,ai_PUD Arnencirnenl dbc
i
P.U.D. AMENDMENT FOR NORTHBRIDGE NO. 2
AUGUST, 2005
• 10-4-8.3: PROPERTY DEVELOPMENT STANDARDS— (A) Lot
Area — 1. Commercial Uses: The lot area shall be sufficient
size to provide for the building, off street parking and
landscaping.
• 10-4-8.3: PROPERTY DEVELOPMENT STANDARDS— (G) Off
Street Parking— 1. Each Commercial use shall comply with
the provisions of Chapter 10 of this title."
• MODIFICATION. The Amendment modifies Exhibit E, Titled
NORTHBRIDGE C-1 PUD NO. 2 ALLOWABLE USES MULTI-
FAMILY/PROFESSIONAL, DECEMBER 1993. The section from the
Agreement is transcribed below and underlined with an added paragraph
noted in bold italics describing a use for Self Storage Facility, as follows:
USE REGULATIONS:
Permitted Uses. Buildings, Structures or premises shall be used and
buildings and structures shall thereafter be erected, altered, or
enlarged only for the following uses:
Self-Storage Facility.
The Project shall be specifically limited to that portion of the
Northbridge No. 2 P.U.D., parcels 3A and 3B, totaling approx. 3.6
acres and located in the 1800 Block of Washington Street North
and adjacent to said street, about 462 feet north of Pole Line
Road, and adjacent to and south of the West Hampton Phase 1
project. The Project will be substantially as depicted in the
drawings in Exhibit No. 3 attached to this Amendment.
• MODIFICATION. The Amendment modifies COVENANTS 2.13.5 "Limited
Residential" Use found on page 9 of the Agreement. The section from the
Agreement is transcribed below and underlined with an added paragraph
noted in bold italics:
3. Limited Residential: Except as provided herein, the Limited
Residential area shall meet the requirements of the City's R-2,
Residential Single Household or Duplex District, Section 10-4-6 of the
current Zoning and Subdivision Regulations.
The "Limited Residential"designation, for the Project area only,
shall allow a "Self Storage Facility"to the exclusion of other uses.
The Project will be substantially as depicted in the drawings in
Page 3 of 5
FNcR? irlt.E v vst f ar:�'t_ �1��lENDM dT17: , flu.PUID Amen men a
P.U.D. AMENDMENT FOR NORTHBRIDGE NO. 2
AUGUST, 2005
Exhibit No. 4 attached to this Amendment. The "Self Storage
Facility"shall meet the requirements of the City's C1, Commercial
Highway District, Section 10-4-8, restricted to the following
sections:
10-4-8.2: USE REGULATIONS— (A) Permitted Uses — 7.
Residential— (g). Household units in upper floors of
commercial or professional.
10-4-8.3: PROPERTY DEVELOPMENT STANDARDS—(A)
Lot Area — 1. Commercial Uses: The lot area shall be
sufficient size to provide for the building; off street parking
and landscaping.
• 10-4-8.3: PROPERTY DEVELOPMENT STANDARDS—(G) Off
Street Parking— 1. Each Commercial use shall comply with
the provisions of Chapter 10 of this title.
APPLICATION. With the exception of the MODIFICATIONS noted above, the
Agreement and all its relevant prescriptions, requirements, and restrictions shall
apply to the Amendment.
In the event of the failure of the applicant or his agent to obtain a building permit and a
certificate of occupancy within five (5) years from the signing of this Amendment, the
Amendment shall terminate and be of no force. In the event of a breach of Agreement,
or should legal action of any kind be taken to enforce the provisions, hereof, the
prevailing party shall be entitled to reasonable attorney fees and costs awarded by the
Court.
Page 4 of 5
P:'.CENERAi.,l 1t.E ,7 3-'•lest P<ark"�PUD i-'`,tiiENDMEN,\7I3-=1NA PUU Arnendmen:.t doe
P.U.D. AMENDMENT FOR NORTHBRIDGE NO. 2
AUGUST, 2005
Att st: C OF TWIN OA O
ity rk7 Mayor
D V L 'PER
� ale M. F r 'zell, L 6nn-s DQ veIopment, LLC.
STATE OF IDAHO )
)ss.
County of TT6mFafls RAc )
On this day of -z., , 2005 before me, the
undersigned, a Notary Public for Idaho, personally appeared Fl"q U ,
known to me to be the persons whose names are subscribed to the within instrument on
behalf of said Owner and acknowledged to me that said Owner executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year
first Bove written.
h
Notary Public for Idaho
Residing at
Page 5 of 5
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EXHIBIT #1
I
It
LOS LAGOS PROPERTY OWNERS' ASSOCIATION, INC.
P0 BOX 5134
TWIN FALLS, ID 83301
July 21, 2005
Donald G. Acheson, P.E.
Riedesel & Associates, Inc.
202 Falls Avenue East
Twin Falls, ID 83301:
RE: Lyons Development, LLC
Dear Don,
Following our meeting last night at Fran Tanner's house our Board of
Directors came to the following conclusion.
We will support your application for zoning change to allow a self-storage
facility on a 3.6 acre parcel located on the east side of the 1800 block of
Washington Street North subject to the following conditions.
The final PUD agreement with the City of Twin Falls will include the
following provisions:
w The final design will be consistent with the representations
made to us during our discussions, the City proceedings and the
documents and drawings you furnished us. This includes style
and type of construction, colors, number of units, security and
all other representations.
o The hours of operation will be from 6:00 am until 10:00 pm or
less. No 24 hour access for any customer.
® This project will not be a commercial warehouse operation.
o Lighting will be controlled and downward directed both inside
and outside of the project.
e Landscaping around the perimeter will be at least as much as
shown in the descriptive ?material and drawings.
ThPrp . ill be no outside speaker system for paging or any other
p1�xp.0se.
i
e The Board of Directors of Los Lagos and its Architectural
Review Committee will have the opportunity to review the final
design for purposes of determining consistency of the
representations made to us and the final design.
• The Board of Directors of Los Lagos will have the opportunity
to review and approve the final PUD agreement before it is
submitted to the City for final approval.
If you and your client accept these conditions, a representative of the Los
Lagos Board will attend the Planning & Zoning meeting on the 26t`to
express our support. Please address any comments or issues to Fran Tanner
as she will represent the Board next Tuesday.
Very truly yours,
Rex S. Leforgee
Acting Secretary
i'
I
EXHIBIT #2
SEP-13-2005 TUE 12: 13 PM CITY OF TWIN FALLS FAX N0, 12087362296 P. 02/03
9 September 2005
Ms. Renee Carraway
Assistant Planning &;honing Administrator
City of Twin Falls
P.O. Lox 1907
Twin Falls, ID 63303-1907
Re: Revised Draft PUD Amendment for Northtridge. No. 2 P.U.D
Ms, Carraway:
The Board of Directors of the Los Lagos Property Owner's Association, Inc., met yesterday,
September 6, 2005, and reviewed the revised I'.U.D. Amendment for Northbridge No. 2 P.U.D.
The document was the one sent to you by Riedesel &Associates on August 16, 2005.
The[hoard has agreed that the Revised Amendment conforms to the presentations of Lyons
[development, LLC and Riedesel &Associates and we have no further additions to make to the
document.
Please note that this approval of the Revised Amendment does not waive future comments or
concerns we might have on subsequent changes to the Northbridge No. 2 P.U.D., if any. We
look forward to reviewing the project for conformance to the styles shown on the site plan and
elevations attached to the Revised Amendment, as promised by Lyons Development, LLC.
Sincerely, r
Fran fanner, President/
Los Lagos Property Owner's Association, Inc.
EXHIBIT #3
'T
i
Coulee Refuge. The area bordering the Perrine Coulee Refuge shall
be kept neat and clean and shall not be used for storage unless
screened from the view of the Perrine Coulee Refuge. Building
finishes will be approved by the ARB.
(b) Signs shall be low profile and shall not
exceed 10 feet in height. Signs may not be larger than 100 square
feet and shall only have letters that can be illuminated
internally. No signs shall be allowed to face the Canyon Rim or
Perrine Coulee Refuge except directional signing for business
~) purposes. Individual letters and logos, indirectly or internally
illuminated, are limited to a 16 inch height. The sign plan shall
require approval by the Developer or its assigns.
(c) Under Section 10-4-8. 2-I .a Use Reg-
ulations, Residential : Household buildings will have a minimum of
four (4) units.
3 . Multi-Family/Professional : This area shall
meet the requirements of the Multi-Family/Professional Zone
described in the attached Exhibit "E" with the following
exceptions:
(aY Signs shall be low profile and only
letters can be illuminated internally. The sign plan will need
approval of the Developer or its assigns.
8
Q
NORTHBRIDGE C-1 PUD NO. 2
� l ALLOWABLE USES
MULTI-FAMILY/PROFESSIONAL
DECEMBER 22 , 1993
USE REGULATIONS:
Permitted Use:. . Buildings , Structures or premises shall be used
and buildings and structures shall thereafter be erected, altered
or enlarged only for the following uses:
Residential
Single household dwellings .
Multiple household dwellings .
Accessory buildings, personal swimming pools and other
accessory uses .
Open Space.
Public Parks .
laygrounds.
Under and above ground transmission lines.
Special Uses . A special use permit may be granted for a permanent
use that is not in conflict with the Comprehensive Plan and that is
not permitted outright because it may conflict with other uses
unless special provisions are taken.. Special use permits* may be
granted for the following uses :
Golf courses and country clubs .
Private outdoor tennis courts .
Private outdoor ice and roller skating.
Outdoor commercial and public swimming pools.
I
Libraries , museums , art galleries .
Botanical gardens and arboretums .
Historic sites , monuments .
EXHIBIT E
1
I
i
s
i
Bus pickup shelters .
Religious facilities .
wHome occupations.
h
Radio and television stations without transmission and receiving
I towers.
Nursing homes and rest homes .
Professional services including real estate and insurance offices .
Utility owned buildings and structures ( less than 25 square feet in
area and less than 3 ` above natural ground are permitted uses) .
I
EXHIBIT E
J
1`
9
��
l .
I
Except as provided herein, the Residential
area shall meet the requirements of the City's R6, Residential
Multi-Household District with a professional overlay, Section 10-4-
6 of the current Zoning and Subdivision Regulations.
4. Residential : This area shall meet the
requirements of the Residential Zone described in the attached
Exhibft "F" with the following exceptions:
(a) Signs shall be low profile and only
letters can be illuminated internally. The sign plan will need
b 7.) ) approval of the Developer or its assigns .-
Except as provided herein, the Residential area
shall meet the requirements of the City' s R6, Residential Multi-
Household District , Section 10-4-6 of the current Zoning and
Subdivision Regulations.
5. Limited Residential : Except as provided
herein, the Limited Residential area shall meet the requirements of-
the City' s R2 ,. Residential Single Household or Duplex District,
Section 10-4-4 of the current Zoning and- Subdivision Regulations .
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
9
i
-
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CITY G.: i=.",LLS
;T
�;• ._ ':pit.,i; �_�i
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September 18,2015
City of Twin Falls
Planning&Zoning Department
231 21d Avenue East
Twin Falls,Idaho 83301
Re: Sign Coordination Plan on behalf of Westpark Partners
To Whom It May Concern:
In accordance with Twin Falls City Code 10-9-16,we are submitting a proposed
Sign Coordination Plan on behalf of Westpark Partners located on Pole Line Rd in Twin
Falls, Idaho. The intent of this plan is to provide(1) free standing tenant sign for the
Westpark Commercial properties(parcel A,B, C, D,E&F). We have enclosed a sign
sketch showing sign dimensions, materials, and have also included a site plan for the
sign location.It is the intent of Westpark Partners that this Sign Coordination Plan allow
for(1)tenant directory sign for the development no larger than 300 sq ft and no taller
than 35'-0"and be placed in the designated spot on Pole line rd as shown on the site
plan.This plan does meet with current Twin Falls City sign code and requires any future
tenant signs to follow these guidelines and conform to current Twin Falls City Sign code.
If you have any questions or require additional information, please do not
hesitate to contact me at 733-1739. Thank you.
Sincerely,
1�aO
Nathan Fuller
Enclosure
EXHIBIT A-1
DEPICTION OF PROPERTY EXHIBIT A
NOW014YE 134.44'
NORTH
0
LOT 2,BLOCK i
�4 O
W'697PARK CO)AU9RC1AL
h
\Q BUM N0.0
�Qt n Lot 1
�bo 1.00 AcLrs
2 1i7
e1,OOLLApp� to LOT 1,aLOCK i
pA7FPFp kP� N WGaTPARK CONAIEACIAI
S BUBO.NO.B
10110
OF p�
Oq� S
�c1( Tract A
t C3400
Square PCCt
114.44' `� L
589'34'43'W 134.44'
ROLLTW7 7W OF BFL11Q M
POLE LINE ROAD REAL POINT OF BMMW
Line Table m'
t1NE M BEARING DISTANCE
LI S69'34'43 W 20,00'
L2 NO'25'171Y 20.00'
L3 N89'34'43E 20.DO'
L4 S0'25'17'E 20.00' O 30 80 120
SCALE IN FEET
POPEYES RESTURANT EFfM Enr mma,
WESTPARKPARTNERS P
q TWIN FALLS,IDAHO
15
CORE/0832570.0014 0001/107674629.3
EXHIBIT BA
DEPICTION Or SIGN LOCATION
Legal Description
Tract A(Project Sign Parcel)
Lot 4,Westparl(Commercial Subd.No.3(2006-011944)
Twin Falls,Idaho
Being a portion of Lot 4,Block 2,as said Lot 4,Block 2 is shown and so designated on that certain plat
entitled"WESTPARK COMMERCIAL SUED.NO.3",filed May 18,2006,as instrument no.2Do6-011944 of
official records,in the office of the county recorder of Twln Falls County,more particularly described as
follows:
Beginning at a point on the South boundary of said Lot 4,Block2,said point being the southwest corner
of Lot 1,Block 1,as said Lot 1,Block 1 is shown and so designated on that certain plat entitled
"WESTPARK COMMERCIAL SUBDIVISION NUMBER B',filed March 25,2014,as Instrument no,2014-
004817 of official records,In said office of the county recorder of Twin Falls County and being the REAL
POINT OF BEGINNING;
Thence,South 69'34'43"West 20.00 feet along said South boundery of Lot 4,Block2(2006.011944);
Thence,leaving said South boundary,North 00.25'17"West 20.00 feet pardllel with and twenty(20,00)
feet Easterly of the West boundary of said Lot 1,Block 1(2014-004817);
Theme,North 89'34'43'East 20.00 feet a parallel with and twenty(20.00)feet Nurtherly of said South
boundary of said Lot 4,Block 2(2006-011944)to a point on said West boundary of Lot 1,Block 1(2014-
004817);
Thence,South 00'25'17"East 20.00 feet along said West boundary to said REAL POINT OF BEGINNING.
Containing approximately 400 square faet.
�5�u�1PL LAR08p9 End of Description
Tlfll �r\
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CORU0832570.0014 0001/107674829.3
22'-3"
----- -—14-0 4'-6"
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CONCEPT FOR AN v 3- -- ;.
ILLUMINATED DEVELOPMENT I.D.SIGN
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o I LETTERS ATTACHED TO FCO ALUMINUM BACKER
AND SET ON ROOF ACCENT WITH HIDDEN ANGLE BRACKETS
_ r T B---DECORATIVE ROOF ACCENT IS ALUMINUM PAINTED
771.4.
DURANODIC AND WARM GRAY#8 u
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DURANODIC SURROUNDAND RETURNS o
INT. I ^{_ 19mm,80 X 208 MATRIX COLOR L.E.D.SYSTEM c o Twin Falls OHice
DIVIDER i.ty P.O.BOX 305
r 0 19P5 KIMBERLY ID E .
D---ALUMINUM CABINET PAINTED DURANODIC rnlx FALLS,sDANo 933c3
49< 208.733.1739
WITH 4-1/2 RETAINERS AND(2)METAL INTERMEDIATE DIVIDERS 1,800,621.6836
SECONDARY DIVIDERS ARE DURANODIC VINYL 6� 7m206.736.8653
r� WHITE POLY-CARBONATE FACES 10 RECEIVE TRANS VINYL COPY _2�z Boise/Meridian Office
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FLUORESCENT ILLUMINATION =ti MERIDIAN•IDABO E3617
208.388.1739
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y. "y _ ' �' CONCRETE BOARD SUBSTRATE OVER STEEL FRAME i ww.lhlesipns.mm
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07/21/2005 14:05 2087342748 RIEDESEL&ASSOCIATES PAGE 01104
$� 773 PUD AMENDMENT"
21'July 2005
PoSt-W Fax Note 7671 Date ;5 page.►
To Pro
13
Renee Carraway �.�P'. °o Re a ^
Assistant Community Development Dire Phone# Phone#
P.O. Box 1907 . Fax 0 Fax#
Twin Falls, ID 03303-1907
RE: PUD Amendment for Northbridge No. 2— Meeting with the Board of Directors, Los
Lagos Property Owner's Association
Ms. Carraway:
Per my previous letter to you, we met with three members of the Board of Directors of
S D Los gages yesterday, July 2! 2!!5, at about 4:00 PM: This letter summarizes our
understanding of the meeting,
In general, we-presented the project Mth the same graphics and information that-we
gave to the Board on April 4, 2005, in a information for the-entire Association on April 7,
2005, and before the Planning and Zoning Commission in a Public Meeting on June 14,
2005, Yesterday with the Board Members, we clarified:
• The hours of operation will be 6 AM to 10,00 PM. There will be-no 24-hour
operation or 24-hour access at the site.
• There will be no commercial business use of the storage units. Moving.and
storage companies could use the facility in the process of moving families to and
from Twin.Falls.
• "Climate Controlled" means conditioning the storage space.to maintain uniform
temperature and humidity, like a personal residence. These "Climate controlled"
units are not refrigerated cold storage.
• The existing.PUD would allow multi family units starting at 150 feet east from the
centerline of Washington Street North, The proposed storage facility buffers the
encroachment of multi family.units to about 400 feet east from the centerline of
Washington Street.
• The storage facility would generate about 10% of the traffic load that the allowed
use of a R-2 subdivision with adjacent multi family units.would generate.
• The Association has the guarantee, through the Amendment and public
testimony by Mr, Frazell of Lyons Development and Riedesel &Associates that'.
j actual design will be-as represented in the graphics of the site and architectural
elevations_
We left the meeting with following offers and request to the Association:
Page 1 of 2
ZA773�WestPark1773JRCarrawdy21JULOS Meeting Los Legos,doc
202 Falls Aven.u.e 1311 E. Franklin.Road, Suite 106 11.1 Main Street, Suite 310
Twin Falls, 1D 83301 Meridian, ID 83642 . Lewiston,ID 8350.1
208/733-2446 * 208/898-9165 ♦ 208/743-3818
Fax 208/7.342748 ' Fax 208/898.9166 Fax-208/743-3819
www.riedescleng.com 0 riedeseloriedeseleng.com
07/21/2005 14:05 2087342748 RIEDESEL&ASSOCIATES PAGE 02/04
773 PUD AMENDMENT
I. We will include the Association in an architectural review process to assure them
that the facility is-built as.presented. Mr. Frazell only requested timeliness of the
review and the review focusing on colors and architectural elevations, not on
building code-type issues.
2. We will send the Board an example of the facility sign.
3. We will include the Association in review of the draft and final PUD Amendment.
I've attached a letter delivered to me this morning by Mr. Rex Leforgee, Acting
Secretary for the Los Lagos Property Owner's Association. Please enter this letter and
the Association's into the public record.
If you have any questions, please let me know..
Vdrely
G cheson, P.E.
Project Manager
DGA/tm
cc. Mr. Dale M. Frazell, Lyons Development L.LC.;,Ms..Fran-Tanner, President, Los
Lagos Property Owner's Association
Page 2 of 2
ZA773-West ParkV73_RCarraway 21JULo5 Meeting Los Lagos.doc
07/21/2005 14:05 2087342748 RIEDESEL&ASSOCIATES PAGE 03/04
LOS LAGOS PROPERTY OWNERS' ASSOCIATION, INC.
P0 BOX 51.34
TWIN FALLS, ID 83301
i
July 21, 2005
Donald G. Acheson,P.E.
Ri.edesel& Associates, Inc.
202 Falls Avenue East
i
Twist Falls, ID 83301.
RE: Lyons Development,.LLC
Dear Don,
Following our meeting last night at Fran Tanner's house our Board.of
Directors came to the following conclusion.
We will support your application for zoning change to allow a self-storage
facility on a 3.6 acre parcel located on the east side of the 1800 block of
Washington. Street North subject to the following conditions.
The final PUD agreement with the City of Twin Falls will include the
following provisions:
• The final design will be consistent with the representations
made to us during our discussions,the City proceedings and the
documents and drawings you famished us. This includes style
and type of construction, colors, number of units, security and
all other representations.
+► The hours of operation will be from 6:00 am.until 10:00 pm or
less. No 24 hour access,for M customer.
+ This project will.not be a commercial warehouse operation.
• Lighting will be controlled and downward directed both inside
and outside of the project.
• Landscaping around the perimeter will be at least as much as
shown in the descriptive material and drawings.
• There will be no outside speaker system for paging or any otber
purpose.
i
07/21/2005 14:05 2087342748 RIEDESEL&ASSOCIATES PAGE 04/04
j The.Board of Directors of Los Lagos and its Architectural
Review Committee will have the opportunity to review the final
design for purposes of determining consistency of the
representations made to us and the final design..
• The Board of Directors of Los Lagos will have the opportunity
to review and approve the final.PUD agreement before it is
i
submitted to the City for final approval.
If you and your client accept these conditions, a representative of the Los
Lagos Board will attend the Planning &Zoning meeting on the 25ffi to
express our support. Please address any comments or issues to Fran Tanner
as she will represent the Board next Tuesday.
Very truly yours,
Rex S. Le£orgee
i Acting Secretary