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HomeMy WebLinkAboutPZ18-0099 PUDAMENDAPP CITY.OF CITY OF TWIN FALLS ' COMMUNITY DEVELOPMENT SERVICES P.O. Box 1907 324 Hansen Street E 4 w Twin Falls,ID 83303 0 PH:208-735-7267 FAX: 208-736-2641 <�SeRVIV& PUD!ZDA AMENDMENT A pre-application meeting with staff must occur prior to acceptance of any applications. Pre-App Meeting Date:7-19-2018 i�;-� I q co I Date of the Application: 11-27-2018 Application No,: PAID F�c M1111111111 A. APPLICANT INFORMATION: 1. Name of applicant:Geronimo, LLC Mailing Address: 2733 E Parleys Way, Ste. 300 City: Salt Lake City State: UT Zip: 84109 Phone: V%- kKi-1`}1-0 Cell Phone: E-mail: elaR".W o°c 6j M is ww&j pit erf.com Applicant Signature: 2. Name of Applicant's Representative Mailing Address: 621 N. College Rd., Ste. 100 City: Twin Falls State: ID Zip: 83301 Phone: 208-734-4888 Cell Phone: 208-731-8039 Email Address: dthibault@ehminc.com B. REQUEST INFORMATION: 1. The following is a request that the`" 'PII,k%V.a(Am 11"1)PUD-20'PUD/ZDA Agreement between the City of Twin Falls, Idaho and Canyon Park I, LLC and Canyon Park Development, LLC be AMENDED as follows: See Attached U,I+Usas SIuRd015 Applea5enslPUD or ZDA Amendment APPLICATION(03.2015)dw C. PRIOR TO ACCEPTANCEISCHEDULING OF THE APPLICATION THE APPLICANT MUST PROVIDE THE FOLLOWING: 1. The applicant must prove control of the property for which the request is being made by providing ONE of the following: a. Copy of Warranty Deed, of b. Copy of Earnest Money Agreement of Contract of Sale,duly acknowledged by BOTH Buyer and Seller. 2. Property Owner Notification The applicant must provide a CONSOLIDATED LIST of name and addresses of all LEGAL property owners within a specified perimeter of the subject property and any additional area that may be impacted by the proposed change as determined by the Zoning Administrator.A list of these parcels will be made available to you by staff once your permit application has been reviewed and the perimeter has been determined. Once the list of parcels has been generated by staff,the list will be provided to you so that you may obtain the property owner and mailing addresses from either of the following: a. from the County Assessor's Office, or b. from a title company The completed list of names addresses and parcel numbers must be submitted back to the Zoning &Development Department in order for your request to be scheduled for a public hearing, 3. Provide a Detailed Written Statement On A Separate Sheet Of Paper Containing: a. Explain in detail the reason for the request;describe/include the specific changes and how they differ from the approved PUD/ZDA and the Master Development Plan, b. Submit the current PUD/ZDA showing the proposed changes and include an Amended Master Development Plan(color). c, Explain in detail how this change could effect the development. d. Explain in detail how this change could affect the surrounding area. OFFICIAL USE ONLY: COMMISSION HEARING: PUBLISH DATE: PRELIMINARY PUD PRESENTATION: HEARING DATE: COUNCIL HEARING: PUBLISH DATE: HEARING DATE: U:1d.isa's SYufUM AppgcationsTUD ar ZDA Amendment APPLICATION(03-2015).doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWIN FALLS, IDAHO, AMENDING THE TWIN FALLS CITY CODE BY REPEALING AND REPLACING §10-6-1 WITH A NEW SECTION PROVIDING FOR ZONING DEVELOPMENT AGREEMENTS; AND BY REPLACING ALL REFERENCES IN THE CITY CODE TO "PUD" OR "PLANNED UNIT DEVELOPMENT" WITH "ZDA" OR "ZONING DEVELOPMENT AGREEMENT." BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TWIN FALLS, IDAHO: Section l: That Twin Falls City Code Section 10-6-1, providing for PUD, Planned Unit Development Subdistricts is repealed and replaced by a New Section 10-6-1, providing for ZDA, Zoning Development Agreements,as follows: "10-6-1: ZDA,ZONING DEVELOPMENT AGREEMENT: 10-6-1.1: PURPOSE: A Zoning Development Agreement(ZDA) is designed to accommodate appropriate combinations of uses that may be planned,developed, and operated as integral land use units either by a single owner or a combination of owners. A ZDA is intended to accomplish some, or all of the following: (A)Foster and promote a variety of appropriate land-use combinations in a preplanned development pattern; (B)Encourage developers to use a creative approach in land development; (C)Retain and conserve natural land and topographic features; (D)Promote greater use of streetscape and pedestrian oriented aesthetics; (E)Promote the creation and efficient use of open spaces; (F) Create flexibility and variety in the location of improvements on lots; (G)Provide flexibility in development standards to facilitate creative land development concepts. 10-6-1.2: UNDERLYING ZONING DISTRICT: Each ZDA shall accompany a request to rezone a subject property to one or more underlying zoning districts that shall comply with the Comprehensive Plan. 10-6-1.3: USE REGULATIONS: Land uses in a ZDA shall conform to the standards and regulations of the underlying zoning district(s), unless otherwise approved and included within the ZDA. 10-6-1.4: ZDA STANDARDS: The following property development standards shall apply to all land and buildings in a ZDA: ZDA Ordinance- 1 (A)Development requirements for each ZDA shall be set forth in the written commitment document and shall include,but not be limited to: uses,density,lot area,lot width, lot depth,yard depths and widths,building height, building elevations, coverage, floor area ratio,parking,access, multiuse transportation access and pathways,screening, landscaping,architectural standards,project phasing or scheduling,management associa- tions,and other requirements as the Planning&Zoning Commission and/or the City Council may deem appropriate. (B)The ZDA shall conform to all sections of City Code Title 10 unless specifically addressed in the written commitment document. All applications to the City shall list all requested variations from the standard requirements. Applications without this list shall be considered incomplete. (C)A ZDA subject parcel shall be a minimum of two (2)acres unless the Planning&Zoning Commission recommends and the City Council finds that property of less than two(2) acres is suitable as a ZDA by virtue o£ 1. Unique character;or 2. In-fill development;or 3. Topography or landscaping features;or 4. Qualifying as an isolated problem area. 10-6-1.5: ZDA CONCEPTUAL DEVELOPMENT PLAN: A ZDA shall include a Conceptual Development Plan that illustrates the standards contained therein. This plan shall be submitted by the applicant at the time of the zoning and ZDA request is submitted. The plan shall show the applicant's intent for the use(s)of the land within the proposed ZDA in a visual manner and be supported by written documentation of proposals and standards for development. Dependent on the nature of the ZDA request,this plan may be submitted as a residential plan,non-residential plan, or a mixed-use combination plan. For a mixed-use development,the plan shall comply with requirements for both the residential and non-residential plans. (A)Residential Conceptual Development Plan-A Conceptual Development Plan for residential land use shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. The plan shall include,but is not limited to,the proposed general land use,streets,thoroughfares, storm drainage,and preliminary lot arrangements. The applicant shall submit text material to further explain the characteristics of the plan,which may include,but shall be not limited to,multiuse transportation access and pathways, density,building height, screening,landscaped areas, project scheduling,parks and open space,and other pertinent development data. The applicant shall also submit color renderings or elevations to illustrate proposed architectural standards or requirements. (B)Non-Residential Conceptual Development Plan-A Conceptual Development Plan for non-residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. The applicant shall also submit text material to further explain the characteristics of the plan. The plan and text material shall include,but is not limited to, the types of use(s), topography and boundary of ZDA subject parcel,the size,type and location of buildings and building sites, ZDA Ordinance-2 proposed ingress and egress,physical features of the site,existing streets, storm water management, alleys and easements, location of future public facilities,multiuse transportation access and pathways, building height and location,parking, landscaping, screening,project scheduling and other information to adequately describe the proposed development and to provide data for approval that is to be used in preparing the final development plan(s). The applicant shall also submit color renderings or elevations to illustrate proposed architectural standards or requirements. 10-6-1.6: CONFORMANCE TO THE CONCEPTUAL DEVELOPMENT PLAN: Final development plans,including plats, construction plans, and/or site plans, submitted for the development of the ZDA subject parcel shall conform to the approved Conceptual Development Plan. Details on the final development plan(s)with minor variations from the Conceptual Development Plan may be approved by the Administrator,or designated City official without public hearing. If it is determined that a proposed change(s) constitutes a departure from the Conceptual Development Plan and/or the development standards,the ZDA written commitment document shall be adequately amended using the initial approval process contained herein. Changes to any of the following items constitute a departure from the Conceptual Development Plan and/or development standards,thus changing the basic relationship of the proposed development to the adjacent property: (A)the permitted uses, (B)increase in density, (C)increase in building height, (D)increase in building coverage of the site, (E)reduction in the off-street parking ratio, (F)reducing the building setbacks provided at the boundary of the site, (G)reduction of any open space plans, or (H) alteration of the overall design theme,primary architectural elements, or building materials. 10-6-1.7:PROCEDURE: (A)Any applicant requesting approval of a ZDA shall schedule a pre-submittal meeting with the Administrator, or his/her designee. (B)The procedure for establishing a ZDA shall follow the procedure for zoning map amendments as set forth in City Code 10-14 with the following addition. The Planning& Zoning Commission shall complete a preliminary review of the proposed Conceptual Development Plan at a meeting prior to the public hearing for a zoning district and zoning map amendment. (C)Each ZDA written commitment document shall be signed and notarized by the property owner(s)and shall include the following: 1. A legal description of the ZDA subject parcel boundary, including legal descriptions of each underlying zoning district, if multiple underlying districts are included. 2. A statement as to the purpose and intent of the ZDA. 3. A list of the ZDA development requirements that vary from the standard development requirements of the underlying zoning district. ZDA Ordinance-3 4. A color Conceptual Development Plan. S. An expected development schedule. If no development has occurred on the ZDA subject parcel within the time identified,the Planning&Zoning Commission and City Council may review the original ZDA development requirements and Conceptual Development Plan to ensure their continued validity. If the City determines the concept is no longer valid,then: a. The City may initiate a process to change the zoning classification, or b. New ZDA development requirements and/or a new Conceptual Development Plan may be required to be approved prior to the City issuing a building permit for any portion of the ZDA subject parcel. 6. A statement, signed by the property owner(s)and notarized,indicating a commitment to develop the subject parcel in conformance with the ZDA. (D)The City Council shall not adopt an ordinance rezoning the subject parcel until the property owner/developer has submitted a complete and signed ZDA written commitment document. The signed ZDA written commitment document shall be attached as an exhibit to the rezoning ordinance and recorded in the office of the County Recorder. (E)Approval of a ZDA shall be based on the following standards: 1. The proposed uses shall not be detrimental to any surrounding uses;not shall they be detrimental to the health, safety and general welfare of the public. 2. Any variation from the underlying zoning district development requirements must be warranted by the design and amenities incorporated in the conceptual development plan. 3. The underlying zoning district and the Conceptual Development Plan shall conform to the Comprehensive Plan, 4. Existing and/or proposed streets and utility services must be suitable and adequate for the proposed development." Section 2: That Twin Falls City Code §7-8-3(F)is amended as follows: "7-8-3: USE OF PUBLIC OR PRIVATE WATER SUPPLY REQUIRED: ... (F)Notwithstanding the foregoing,the use of the City's potable water supply as the primary source of irrigation water in all new developments shall be prohibited. For purposes of this subsection,the term "new development" means any new subdivision or ZDA RUD, or any development of any parcel of land of two (2) acres or larger that is not part of a subdivision or ZDA PUA." Section 3: That Twin Falls City Code §7-8-4(E) is amended as follows: "7-8-4: CONNECTION TO PUBLIC WATER LINE,PROCEDURE: ... (E)Notwithstanding the foregoing,the use of the City's potable water supply as the primary source of irrigation water in all new developments shall be prohibited.For purposes of this subsection,the term "new development" means any new subdivision or ZDA PI-JD, or any ZDA Ordinance -4 development of any parcel of land of two (2) acres or larger that is not part of a subdivision or ZDA PUD." Section 4:That definitions contained in Twin Falls City Code §10-2-1 are amended as follows: "10-2-1:DEFINITIONS: ... BUSINESS PARK:A development approved through the ZDA RUD process that contains a number of separate manufacturing,commercial,office and supporting uses and open space. OFF PREMISES SIGN: A sign mounted on property other than that occupied by the use being advertised by said sign. This definition shall exclude signs located within an approved ZDA PUD advertising a nonresidential use or nonresidential uses located within that ZDA FUD and approved as part of a master sign plan through the ZDA PVD process. PLANNED UNIT DEVELQP �4£I�1-T' tf f land-ep,.,r. ,a. ., variety o f sid .,+ i �iLT.I IT' �17L alp TT.0 I �1-C��4Zr rY alavaa u t 7 H µ yu Y A4 VLLLatVIaL YY 1411 11iVrri4lyxjblrj ZONING DEVELOPMENT AGREEMENT:A written commitment by a property owner or developer concerning;the use or development of a subject parcel A Zoning Development Agreement may be required as a condition of rezoning and/or development of a subject parcel when a prgpgM is located adjacent to major arterial or collector streets and/or where a varigy of uses may be desired in a preplanned environment with more flexible standards than normally apply to the use of land in a standard zoning district." Section 5: That Twin Falls City Code §10-4-2.2(B)(6)(d)is amended as follows: "10-4-2.2: USE REGULATIONS: ... (B) Special Uses: A special use 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 taken. Special use permits may be granted for the following uses: ... 6. Residential: ... d.Residential ZDA RUD,not to exceed SUI density." Section 6:That Twin Fails City Code §10-4-8.2(A)(4)(a)is amended as follows: "10-4-8.2: USE REGULATIONS: ... (A)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: ... ZDA Ordinance -5 4. Manufacturing: ... a. Business park ZDA FL-D only." Section 7:That Twin Falls City Code §10-4-11.2(B)(6)(c)is amended as follows: "10-4-11.2: USE REGULATIONS: ... (B) 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: ... 6. Residential: . c.Residential ZDA PUD (not to exceed SUI density)." Section 8:That Twin Falls City Code §10-4-14.1 is amended as follows: "10-4-14.1: PURPOSE: This District is intended to provide for a mixture of commercial,professional and residential uses in a unified environment planned and approved through the ZDA PJJD process." Section 9:That Twin Falls City Code §§10-4-14.3(A)(2), (D)(2)and (F)(1)are amended as follows: "10-4-14.3:PROPERTY DEVELOPMENT STANDARDS: (A)Lot Area: 2.Residential Uses:Residential uses less than five(5)units and not attached to a commercial use shall provide the minimum lot area of the R6 District or as determined by the ZDA RUD process. (D)Yards: 2.Residential Uses: Residential uses less than five(5)units and not attached to a commercial use shall conform to the yard standards of the R6 District or as determined through the ZDA PUP process. (F)Landscaping: 1. Commercial uses shall provide landscaping equal to ten percent(10%)of the total required parking area or three percent(3%)of the total land area,whichever is greater or as determined by the ZDA RUD process." Section 10: That Twin Falls City Code §10-15-1 is amended as follows: ZDA Ordinance-6 10-4-15.1:PURPOSE: This District is intended to provide for a mixture of residential housing types in a unified environment planned and approved through the ZDA P44D process." Section 11: That Twin Falls City Code§10-4-16.1 is amended as follows: "10-4-16.1: PURPOSE: This district is intended to promote development which will serve or complement the College Of Southern Idaho while allowing for a mixture of land uses in a unified environment planned and approved through the ZDA PUB process. Section 12: That Twin Falls City Code §10-4-16.3(A)is amended as follows: "10-4-16.3:PROPERTY DEVELOPMENT STANDARDS: (A) Use Of Lots:As provided for in the ZDA PUB development plan." Section 13: That Twin Falls City Code §10-4-19.4(C)(4)is amended as follows: "10-4-19.4:PROPERTY DEVELOPMENT STANDARDS; (C)Building Height:No building shall exceed thirty five feet(35')in height or the maximum building height limitation set forth below,whichever is less.All heights are to be measured from the existing canyon rim elevation or the existing ground level elevation at the building site, whichever is greater. 4. Building height exception:Notwithstanding the foregoing: a. Additional building height beyond one hundred feet(100)from the canyon rim may be allowed for hotel/convention centers,through the ZDA PUD process,in the canyon rim overlay zone within one thousand feet(1,000)of state administered highways serving as gateway arterials,as defined in section 10-7-12 of this title. For purposes of this section,the term "hotel/convention center"shall be defined as a full service hotel with a convention center designed to accommodate a minimum of five hundred(500)convention attendees. A citizens' design review committee,appointed by the mayor, shall make recommendations to the planning and zoning commission for any building higher than thirty five feet(3 5'). b.Additional building height beyond fifty feet(50')from the canyon rim may be allowed in that portion of the canyon rim overlay district located between Washington Street North and Blue Lakes Boulevard North through the ZDA RUD process, in a ZDA PUD that consists of more than ten(10)acres and that constitutes a private/public mixed use development.The term "private/public mixed use development"is defined as a development which promotes a mixture of cultural and commercial activities in the ZDA XJD through: (1)A combination of multiple buildings and public access across open space to the canyon rim trail system;and ZDA Ordinance-7 (2)Promotion of community interaction Among members of the public,through a combination of required ZDA PUD property uses;open spaces and canyon rim trail system access. Permitted uses in such ZDA 1V9 shall include commercial,professional,residential and cultural.activities. A citizens'design review committee,appointed by the mayor,shall make recommendations to the planning and zoning commission for any building higher than twenty five feet(251)." Section 14: That Twin Falls City Code §10-4-19.5 is amended as follows: "10-4-19.5: ZDA PJJD REQUIREMENT: All development except existing residential lots in the Canyon Rims Overlay District shall be part of an approved Zoning Development Agreement ." Section 15:That Twin Falls City Code §10-4-21.1 is amended as follows: "10-4-21.1:PURPOSE: This Overlay District is intended to provide for limited commercial and service activities within residential zoning districts and serving the local neighborhood, and which are integrated into a residential setting.Development of this overlay is allowed only through the ZDA PUD process." Section 16: That Twin Falls City Code §10-4-21.3(K}(i)(f) is amended as follows: 10-4-21.3: PROPERTY DEVELOPMENT STANDARDS: (K)AdditionaI Requirements: 1.Nonresidential uses: The following additional requirements shall also be met: f.Additional requirements as may be determined by the city council through the ZDA PUD process." Section 17: That Twin Falls City Code §10-5-1 is amended as follows: "10-5-1: DESIGNATION OF ZONING SUBDISTRICTS: There are hereby established the following zoning subdistricts for the City: ZONING SUBDISTRICTSHORT TITLE Zoning Development A eement ZDA Planned Un t Develop.. efft Mobile Home Park MHP Mobile Home Subdivision MHS In designating a zoning subdistrict a prefix is added which corresponds to one of the basic zoning district regulations." Section 18:That Twin Falls City Code §10-6-2.4 is amended as follows: 10-6-2.4: PROPERTY DEVELOPMENT STANDARDS: (E)Approval Of A MHP Subdistrict: ZDA Ordinance-8 4.Findings Required:The planning commission shall recommend to the council approval, approval with modifications, or disapproval of the final development plan. Upon approval,the plan shall constitute the zoning requirements and subdivision plat for the land in the zoning development agreement planned unit devAopment subdistricts. 5.Approval: Approval of a zoning development agreement planned unit developffle subdistrict shall be based on the following standards: b.The density of the zoning_development agreement planned aflit davelepment shall be in substantial conformity with the density of surrounding zoning districts." Section 19:That Twin Falls City Code§10-6-3 is amended as follows: 10-6-3:BUSINESS PARK ZDA PUD: A"business park",as defined herein,may be established through the ZDA PUD process,with the following development requirements: (D)Landscaping equal to ten percent(10%) of the site shall be provided with a master landscape plan approved through the ZDA PUD process. Parking lots of more than twenty five(25) vehicles shall have landscaped islands within the parking lot breaking up large asphalt areas. A thirty five foot(35`)wide landscaped buffer with berming at least four feet(4)high shall be required on any street fronting any residential property. (E)A master sign plan shall be approved as part of the ZDA PUD. (F)Architectural standards shall be approved through the ZDA PUD process for buildings within the business park." Section 20: That Twin Falls City Code §10-11-2(B)is amended as follows: "10-11-2: LANDSCAPING: (B)Approval And Completion: 1.A landscaping plan conforming to the minimum requirements of this section shall be submitted for approval as part of the development map whenever a ZDA PUD or MHP zoning subdistrict is submitted for approval. A landscaping plan conforming to the minimum requirements of this section shall be submitted for approval as part of the application for a building permit to construct any building. 4. Within required landscaped areas,display of vehicles,trailers, pickup shells,tires or any other items for sale is prohibited except upon city approved display pads provided through zonin development a egr ement planned ur}i#-develepr� ent(ZDA PUD) agreements or approval through the special use permit process.No such display pads shall be approved within fifteen feet(15')of the sidewalk or future sidewalk." Section 21: That Twin Falls City Code §10-1 1-3(A)(2)is amended as follows: ZDA Ordinance -9 10-11-3: SCREENING: (A) Screening Required: 2. Screening shall be required between an MHP zoning subdistrict and any other zoning district or subdistrict except another MHP or MHS subdistrict and screening may be required between a ZDA IUD or MHS zoning subdistrict and any other zoning district or subdistrict. The zoning subdistrict shall provide any required screening. Section 22:That Twin Falls City Code §10-12-2.3(C)(3) is amended as follows: "10-12-2-3: PRELIMINARY PLAT: (C)Content Of Preliminary Plat: The contents of the preliminary plat and related information shall be in such form as stipulated by the Commission;however,additional maps or data as deemed necessary by the Administrator may also be required. 3.Appropriate information that sufficiently details the proposed development within any special development area, such as hillside,zoning development age , flood plain, cemetery,mobile home,large scale development,hazardous and unique areas of development." Section 23: That Twin Falls City Code §10-12-4.2(L)(4)and (P)(1) are amended as follows: 10-12-4-2: REQUIRED IMPROVEMENTS: (L)Mailboxes:Mailbox locations shall conform to the following standards: 4.In ZDA PUD and MHP overlays with private streets and in commercial and industrial zones, mailbox locations shall be reviewed and approved by the U.S. postal service. (P)Pressure Irrigation System: 1.Pursuant to section 7-8-3 of this code,the use of the city's potable water supply as the primary source of irrigation water in all new developments shall be prohibited.For purposes of this subsection,the term"new development"means any new subdivision or ZDA PUD,or any development of any parcel of land of three-fourths(3/4)of an acre or larger that is not part of a subdivision or ZDA PAD." Section 24:That Twin Falls City Code§10-12-5.3(B)(7)is amended as follows: I "10-12-5-3: PLANN CONDOMINIUM SUBDIVISIONS: -Planned unit l Condominium developments shall be subject to requirements set forth in this Title and also subject to all provisions herein contained. ZDA Ordinance- 10 (B) Site Development Plan:The developer shall provide the Commission with a colored rendering of adequate scale to show the completed development that will include at least the following where applicable: 7. Open space. A concept site development plan may be approved by the Commission but shall be conditioned upon approval of a final site development plan before final approval of the PUP 0r Condominium Subdivision." Section 25:That Twin Falls City Code §10-6-1.2 is amended as follows: "10-6-1.2: OVERLAY CONCEPT: Each zoning district within a development may be overlayed by one or more zoning subdistricts having the same prefix as the underlying zoning district. Such a zoning subdistrict shall be called the basic zoning subdistrict.To allow for the mixing of certain uses and for increasing densities in a plate development,each basic zoning subdistrict may be overlayed by one or more secondary zoning subdistricts having a prefix which is different from the underlying zoning district and subdistrict." Section 26:That this ordinance may be published by summary as follows: "SUMMARY OF ORDINANCE NO.30Y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWIN FALLS, IDAHO, AMENDING THE TWIN FALLS CITY CODE BY REPEALING AND REPLACING §10-6-1 WITH NEW SECTIONS 10-6-1 THROUGH 10-6-1.7; 'PROVIDING FOR ZONING DEVELOPMENT AGREEMENTS; AND BY REPLACING ALL REFERENCES IN THE CITY CODE TO "PUD" OR "PLANNED UNIT DEVELOPMENT" WITH "ZDA" OR "ZONING DEVELOPMENT AGREEMENT. The foregoing summary is true and complete and provides adequate notice to the public of the principal provisions of the ordinance. Fritz Wonderlich, City Attorney" PASSED BY THE CITY COUNCIL, 1 2014. SIGNED BY THE MAYOR �,�- ,2014. ZDA Ordinance - 11 ATTEST: C: �D E P T Y IC I T—YL�R K' 0-0 ZDA Ordinance- 12 of Idaho CERTIFICATE OF AUTHORITY OF GERONIMO L.L.C. File Number W 120287 I, BEN YSURSA, Secretary of State of the State of Idaho, hereby certify that an Application for Certificate of Authority, duly executed pursuant to the provisions of the Idaho Uniform Limited Liability Act, has been received in this office and is found to conform to law. ACCORDINGLY and by virtue of the authority vested in me by law, I issue this Certificate of Authority to transact business in this State and attach hereto a duplicate of the application for such certificate. Dated: December 24, 2012 PIN 6 O SECRETARY OF STATE ���' 0 � By p • 1 Y 253 wA , APPLICATION FOR CERTIFICATE E r F�/®J4117�HITED LIABILITY COMPANY � ORI TY 1�®R FO1�E1��f'�1/�m BEC 24 AH 9: 2 S (Instructions on back of application) VLG il t✓i`1 fE.ffl!I� 1. The name of the limited liability company is: V If1IL. GERONIMO L.L.C. 2, if the name of the limited liability company is not permissible or is not available in Idaho,the name the foreign limited liability company will use in Idaho is: 3. The jurisdiction under whose laws the limited liability company is formed is: Utah 4. The name and complete street address of the registered agent in Idaho is: Brent R.White 1485 Pole Line Road,Twin Falls, ID 83301 5. The street and mailing address of the limited liability company's principal office is: 2733 E. Parleys Way,Suite 300,SLC, UT 84109 Street Address Mailing Address, If different 6. The street and mailing address of the limited liability company's office in the jurisdiction under whose laws it is organized is: 2733 E.Parleys Way,Suite 300,SLC,UT 84109 Street Address ARatting Address, tf different 7. The name and mailing address of at least one member or manager: Woodbury Strategic Partners Fund,L.P. 2733 E.Parleys Way,Suite 300,SLC,UT 84109 8. The mailing address for future correspondence: cIa Woodbury Corporation,2733 E. Parleys Way,Suite 300, SLC,UT 84109 9. Signature of a manager,member or authorized Secretary of Stale use only person. Signature See Attached Signature Page 12/e4/20 J�OFfd5 g rd@ Typed Name 1C@:10b366 CT: j 100.00 RLGFOROLLC # 2 czrt auin wreign LGRev.07n Io f j"1 D �� Signature page for Application for Certificate of Authority for Foreign Limited Liability Company GERONIMO L.L.C.,a Utah limited liability company By: WOODBURY STRATEGIC PARTNERS FUND, L.P., a Delaware limited partnership, Its Manager By: WSP TRUFFLES L.L.C.,a Delaware limited liability company, Its General Partner By: WOODBURY STRATEGIC PARTNERS MANAGEMENT L.L.C.,a Utah limited liability company, Its Manager By: WOODBU CORPORATION,a Utah corpora ' , is Manager By: O.Randall W odbury, President By: J r oodb , Vice P nt .. . ��•. �r� Utah Department of Commerce Division of Corporations&Commercial Code i 160 East 300 South,2nd Floor,PO Box 146705 Salt Lake City,UT 84114-6705 +p. Service Center:(901)S304849 Toll Free:(871)526.3994 Utah Residents Fax:(801)830.6438 Web Site.'http://`Www.cominerce.utah.gov 12/12/2012 8513383-016012122012-1020322 CERTIFICATE OF EXISTENCE Registration Number: 8513383-0160 Business Name: GLRONIMO L.L.C. Registered Date: December 06,2012 Entity'TYpe: LLC-Domestic Current Status: Good Standing The Division of Corporations and Commercial Code of the State of Utah,custodian of the records of business registrations,certifies that the business entity on this certificate is authorized to transact business and was duly registered under the laws of the State of Utah.The Division also certifies that this entity has paid all fees and penalties owed to this state;its most recent annual report has been filed by the Division(unless Delinquent);and, that Articles of Dissolution have not been filed. 1 . r .� Kathy Berg � Director ` ' tt Division of Corporations and Commercial Code lop v11A - llagc, i ol1 l UNITED STATES DEPARTME14T OF THE INTERIOR BUREAU OF LAND MANAGEMENT STATE OF IDAHO CITY OF TWIN FALLS 2878 ADDISON AVE E 3311 WEST STATE ST PO BOX 1907 TWIN FALLS,ID 83301 BOISE,ID 83703 TWIN FALLS,ID 83303 BASE JUMPER,LLC GERONIMO LLC IDAHO CENTRAL CREDIT UNION 2733 E PARLEY'S WAY,STE 300 2733 E PARLEY'S WAY,STE 300 PO BOX 2469 SALT LAKE CITY,UT 84109 SALT LAKE CITY,UT 84109 POCATELLO,ID 83206 NCI TWIN FALLS,LLC CANYON PARK DEVELOPMENT,LLC MAGIC VALLEY MALL LLC WOODBURY CORPORATION 875 N MICHIGAN AVE,STE 3612 PO BOX 5478 2733 E PARLEY'S WAY,STE 300 CHICAGO,IL 60611 TWIN FALLS,ID 83303 SALT LAKE CITY,UT 84109 750-FOOT AROUND RP09S17E341200 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RPT00097344825 STATE OF IDAHO 3311 WEST STATE ST BOISE ID RPT00097344851 STATE OF IDAHO 3311 WEST STATE ST BOISE ID RPT00097344862 STATE OF IDAHO RPT00097345400 STATE OF IDAHO 3311 WEST STATE ST BOISE ID RPT00097345422 CITY OF TWIN FALLS P 0 BOX 1907 TWIN FALLS ID RPT06190010010 BASE JUMPER, LLC 2733 E PARLEY'S WAY STE 300 SALT LAKE CITY UT 84109 Page 1 of 3 RPT06190010020 GERONIMO LLC 2733 E PARLEYS WAY STE 300 SALT LAKE CITY UT 84109 RPT06190010030 IDAHO CENTRAL CREDIT UNION P 0 BOX 2469 POCATELLO ID 83206 RPT06190010050 GERONIMO LLC 2733 E PARLEYS WAY STE 300 SALT LAKE CITY UT 84109 RPT06190010060 GERONIMO LLC 2733 E PARLEYS WAY STE 300 SALT LAKE CITY UT 84109 RPT06190010070 BASE JUMPER TWO, LLC 2733 E PARLEY'S WAY STE 300 SALT LAKE CITY UT 84109 RPT06190010080 BASE JUMPER, LLC 2733 E PARLEY'S WAY STE 300 SALT LAKE CITY UT 84109 RPT0619001 OOAO GERONIMO LLC 2733 E PARLEYS WAY STE 300 SALT LAKE CITY UT 84109 RPT061900100BO GERONINO LLC 2733 E PARLEYS WAY STE 300 SALT LAKE CITY UT 84109 RPT06220010010 NCI TWIN FALLS LLC 875 N MICHIGAN AVE STE 3612 C H ICAGO IL 60611 Page 2 of 3 RPT06220010020 BASE JUMPER, LLC 2733 E PARLEYS WAY SALT LAKE CITY UT 84109 RPT0622001003A BASE JUMPER, LLC 2733 E PARLEYS WAY SALT LAKE CITY UT 84109 RPT0622001003B CANYON PARK DEVELOPMENT, LLC P 0 BOX 5478 TWIN FALLS ID 83303 RPT06220010040 CANYON PARK DEVELOPMENT, LLC P 0 BOX 5478 TWIN FALLS ID 83303 RPT062200100Ao CANYON PARK DEVELOPMENT, LLC P 0 BOX 5478 TWIN FALLS ID 83303 RPT3247001001 B CITY OF TWIN FALLS TWIN FALLS ID RPT32480010010 MAGIC VALLEY MALL LLC WOODBURY CORPORATION (M/0) 2733 E PARLEY'S WAY STE 300 SALT LAKE CITY UT 84109 Page 3 of 3 Supplemental Information to Accompany a PUD Amendment Request This application for amendment of the Canyon Park West PUD has been prepared to permit the use of a multi-story hotel and the necessary height allowances to construct the Hotel at the Canyon Park West site.The specific details for the request are attached hereto. Effectively,the request will permit the use of hotel within the project which is consistent with the underlying C-1 zoning use restrictions. Additional height for the hotel will be required and is detailed in the language of the PUD Amendment. The proposed change will likely compliment the surrounding area which has been developed into retail shopping centers, restaurants, and individual banks or credit unions.The project location is important as well.This site captures unique views of the Snake River Canyon lands and is at the forefront of Twin Falls.The Perrine Bridge Entry into the City of Twin Falls is very near the project site. The history of the Canyon Park West PUD included the hotel use planned for an eight to ten story hotel in its original form. As the project developed and individual site users were identified, the PUD was amended to exclude the hotel use and add more restaurant and service uses. However, some of those individual users have backed away from the project and new users have been identified. Home2Suites is interested and pursuing purchase of the property for the purpose of constructing one of their hotels thereon.This amendment is the first step in that process to permit the use and the necessary height. The hours of operation are compatible with the surrounding retail shopping and restaurant users.There exists cross-use access and parking agreements to provide for the proper flow of traffic and to provide adequate parking. The changes to the area are not expected to be detrimental, rather the completion of the development of this area is expected to compliment the surrounding area and provide a service which is needed within the City of Twin Falls. Landscaping,trail access, and utility service to the surrounding area is expected to be compatible with what has already been established and the design team consists of many of the same partners which originally developed the property. i FIRST AMENDMENT CANYON PARK WEST (AMENDED) C-1 PLANNED UNIT DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT("First Amendment")is made and entered into this_day of November,2018,by and between the CITY OF TWIN FALLS,a municipal corporation, State of Idaho(hereinafter called"City"), and CANYON PARK I,LLC and CANYON PARK DEVELOPMENT, LLC, an Idaho limited liability company(hereinafter collectively called "Developer")whose address is PO Box 5478,Twin Falls,Idaho 83303. WHEREAS,Developer was the original owner of the certain tract of land in the City of Twin Falls, State of Idaho,bounded by the Snake River Canyon to the North, Blue Lakes Boulevard North to the East and South R-1, 43,000 residential development to the West, consisting of 24 acres and more particularly described in the PUD as defined below(hereinafter called the "Property"): and WHEREAS,the City of Twin Falls and Canyon Park LLC have executed the Canyon Park North No. 1 C-1 Punned Unit Development Agreement dated November 21, 2000: and WHEREAS,The City of Twin Falls and Canyon Park LLC have executed the Canyon Park West No. 1 C-1 Planned Unit Development Agreement dated March 15,2000: and WHEREAS, the City of Twin Falls and Developer have entered into that certain CANYON PARK WEST(AMENDED), C-1 PLANNED UNIT DEVELOPMENT AGREEMENT dated August 20,2012 and filed of record in Twin Falls County and recorded for City of Twin Falls under Instrument No. 2012-016013 (26 pages) with the County Clerk(the"PUD"): and WHEREAS, all terms used but not defined herein shall have the meanings attributed thereto in the PUD: and WHEREAS,Developer has agreed to sell a portion of the Property more particularly described as that certain tract of land located in the City of Twin Falls, County of Twin Falls, State of Idaho,known as Lot 6 of Canyon Park Amended Subdivision,recorded as Entry No. 2013- 025885, on December 23,2013,in the Twin Falls County recorder's office(hereafter the"Hotel Property"). j WHEREAS,the purchaser of the Hotel Property intends to use the Hotel Property as a hotel and has requested certain amendments to the PUD: and WHEREAS,the City of Twin Falls and Developer agree that development of the Hotel Property as a hotel will be beneficial to the Property; WHEREAS,the City of Twin Falls and Developer agree that Property will be best served by amending the PUD: and Canyon Park West 1 6/29/12 369-11 First Amendment I mT 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: Shawn Barigar,Mayor ACKNOWLEGEMENTS STATE OF IDAHO ) )ss. County of Twin Falls ) On this day of ,20 ,before me,the undersigned, a Notary Public for Idaho,personally appeared, Shawn Barigar=known to me to be the Mayor of the City 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 seal the day and year first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires Canyon Park West 3 6/29/12 369-11 First Amendment CAN-�'ON PARK DEVELOPMENT, LLC CANYON PARK I, LLC By: 10ember By: Canyon Park Management I, Inc., Manager By: By: Ray H. Neilsen Ray H.Neilsen, President STATE OF } )ss. County of ) On this day of ,20 �before me, a Notary Public in and for said State,personally appeared Ray H. Neilsen,known or identified to me to be the sole Member of Canyon Park Development, LLC, a limited liability company, who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said such limited liability company.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Residing at , STATE OF } }ss. County of } On this day of , 20 , before me, a Notary Public in and for said State,personally appeared Ray H. Neilsen,known or identified to me to be the President of Canyon Park Management I, Inc. a corporation, the manager of Canyon Park I, LLC,a limited liability company, who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Residing at 61790375.3 Canyon Park West 4 6/29/12 369-11 First Amendment EXHIBIT A LEGAL DESCRIPTION OF HOTEL PROPERTY Lot 6 of Canyon Park Amended Subdivision, recorded as Entry No.2013-025885, on December 23, 2013, in the Twin Falls County recorder's office. I Canyon Park West 8 6/29/12 369-11 First Amendment FIRST AMENDMENT CANYON PARK WEST(AMENDED) C-1 PLANNED UNIT DEVELOPMENT AGREEMENT EXHIBIT B � z ki- :I o � � x �p D z w _ O � � Z N7 z vD 3D 27, a Q l Z S m G) U) O r II r�r n• Canyon Park West 9 6/29/1 369-11 First Amendment FIRST AMENDMENT CANYON PARK WEST(AMENDED) C-1 PLANNED UNIT DEVELOPMENT AGREEMENT Exhibit A :i]9 8mecon L m VY�E� F . _ 4�ars e�aern W.teI=.jth,Floor Ha1el'3rd Flobr 9 3 a Iloiol=ied.o`�oot Noi91:lot Aoor 4 .. o R � CANYON PARK �C��•�d� ��� _ BUILDING HEIGHT SECTION 19 hoWlcompany ` leakak rtiili\]FA_LS, ID .ow..w...® Canyon Park West 5 6/29/12 369-11 First Amendment 't t f r ,1 it r w ,Ij�� 1_ �I u •i i'� 1 p L PAI��i:,a III111411111 V � l! �i i� � r F rT11111111111M !1 u i U --&llllujljjij,�jjj I* 1 I it �I � �I LXL.I r rVIIIIHITT11 irFFFllf Ci II �I I I i l I 1 1 I _ I i I � L �. • i y r r '1 \�J• ----- --- 11 m II `• _ 11 � I I Aj III'IIII� �, •/ i III IIIIIT �:� �; ii JO • �i � ' � lii 1� f� i ° ° r j s \\ ,r \Area of R m • �I� � �����I: III ",°11 '�� � I I Request ��LLIIII I°I' _ �II'II III I � n I —� III II IIII II I m li i II LLJ Il it m �i III X 4:, III � III • � III Ili 111 � � Ili li li dd � II 4{1 li II IIII '• 901I I I lii li li II m I II II I �I r J FFFF c 1 1 IIII r�L_L_I�����r; 11 III'III lly III III IIII d��� I Imo] ill li it ---------------- o a' ill I�I II IIII •/ � I lil 0 II if � II III II / III II r �``'� •�`\ /' � I I�, ,�`LLLL. � � IIII. 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