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HomeMy WebLinkAboutPZ24-0081 PZAPP CITY OF TWIN FALLS F COMMUNITY DEVELOPMENT SERVICES P.O. Box 1907 RECEIVED 203 Main Avenue East Twin Falls, ID 83303 °A,, PH: 208-735-7267 FAX: 208-736-2641 e:f�'Np♦ JUL 19 2024 CITY f TWIN ZDA AMENDMENT A pre-applica _ n staff must occur prior to acceptance of any applications. Pre-App Meeting Date:5-1-2024 Date of the Application:5-29-2024 Application No.: PZ24-0081 Fee: $1000 Paid A. APPLICANT INFORMATION: 1. Name of applicant: Federation Point Property LLC / Buckley Real Estate Inc Mailing Address: 1460 W Swede Bay Road City:Coeur D Alene State: ID Zip: 83814-9210 Phone: Cell Phone: E-mail: Applicant Signature: 2. Name of Applicant's Representative • EHM Engineers, Inc - Tim 1�akc�:er Mailing Address: 621 N College Rd, Ste 100 A1 City:Twin Falls State: ID Zip: 83301 Phone: Cell Phone: Email Address: B. REQUEST INFORMATION: 1. The following is a request that the Federation Point PUD/ZDA Agreement between the City of Twin Falls, Idaho and Steve Hepworth be AMENDED as follows: See Attached PUD or ZDA Amendment APPLICATION(02-2022 ke).doc 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, OP b. Copy of Earnest Money Agreement OrContract of Sale,duly acknowledged by BOTH Buyer and Seller. 2. Property Notification List The applicant must provide a consolidated list of names and addresses of all property owners within the specified distance from the subject property perimeter as listed below, The Director of Planning and Zoning may require notification to additional areas which may be impacted by the proposed change. Zoning District of Subject Property Notification Distance AG, SUI, R-1 VAR, R2, R4, RM, OS 500 Feet R-6, MHO-1,AP, CB, C1, CM, OT, RB, CSI 750 Feet M-1, M-2 1000 Feet The property owner mailing list may be obtained from either of the following: • Twin Falls CountyAssessor's Office:630 Addison Avenue West,Twin Falls,ID83301 OR • ATitle Company of your choosing. The completed list of names, addresses,and parcel numbers must be submitted back to the Zoning &Development Departmei 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: PLO or ZDA Amendment APPLICATION(02-2022 ke).doc EHM Engineers, Inc. BUILDING THE FUTURE ON A FOUNDATION OF EXCELLENCE FEDERATION POINT,ZDA APPLICATION NARRATIVE 3.a. The proposed change to the ZDA allows individual lots within the multi-family portion of the development to be built in stages. With the current status of the economy being able to develop the property in stages allows the rental rate to grow at a more disciplined rate. Other than development phasing,this is not a change of any of the originally approved standards applied to the ZDA. Zoning, density, and layout is basically the same but an amended is needed due to minimum individual lot size. 3.b. An amended master development plan is included depicting the overall development and a colored exhibit of the immediate area. 3.c. This development would be basically unchanged from the originally approved ZDA. The changes proposed only reflect individual lots as opposed to one large lot. The change basically allows phased development. 3.d. The change will not add any affect to the surrounding area other than to allow the development to proceed with construction in stages as the market determines. The intent and terms of the originally approved ZDA remain intact with a minor change to allow individual lots for each building. 621 North College Rd.,Suite 100 •Twin Falls,Idaho 83301 •[2081 734-4888 •Fax[2081734-6049 3501 W.Elder St.,Suite 100 •Boise,Idaho 83705 •[2081 386-9170 •Fax[2081 386-9076 IN THE FIELDS OF: PLANNING.SURVEYING.HIGHWAYS.WATER.SEWAGE. STRUCTURAL. SUBDIVISIONS. BRIDGES. ENVIRONMENTAL. QUALITY CONTROL. CONSTRUCTION MGMT. TWIN FALLS COUNTY RECORDED FOR: TITLEONE -BURLEY 04:14:00 PM 03-13-2023 2023002898 NO. PAGES 5 FEE:$15.00 KRISTINA GLASCOCK COUNTY CLERK DEPUTY: AR Electronically Recorded by Simplifile TitleOne it title & escrow co. Order Number:22468019 Warranty Deed For Value Received, Federation Point Property, LLC,an Idaho limited liability company,the Grantor, does hereby grant, bargain sell and convey unto, Buckley Real Estate Inc.,an Idaho corporation, whose current address is 2000 Overland Avenue, Burley, ID 83318,the Grantee,the following described premises, in Twin Falls County, Idaho, To Wit: A 1/3 Interest in Lot 7 in Block 1, FEDERATION POINT SUBDIVISION, A ZDA,Twin Falls County, Idaho, according to the official plat thereof recorded in Book 27 of Plats, Page 37, records of Twin Falls County, Idaho. TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee, its successors and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises;that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s)of way, protective covenants,zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments(if any)for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires,the singular number includes the plural. Remainder of this page intentionally left blank. Order Number:22468019 Warranty Deed(4-09) - Page 1 of 3 Dated: January 5,2023 Federation Point Property, LLC, an Idaho limited liability company BY: S'< 4-'!:`� Stan V. Buckley, member BY: 61- --' ./At/5 Steve Hepwo h, Member BY: David H. Scaggs, Member State of Idaho County of � ) 'i _ _,ss. On this-3?L day of January 2023 before me,the undersigned,a Notary Public in and for said State, personally appeared Stan V. Buckley, known or identified to me to be a Member of Federation Point Property, LLC the limited liability company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said limited liability company and that such limited liability company executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certifi a fi st above written. Notary Public �� Residing In: . - -0 ANNETTE ROTH My Commission Expi es: ' 1 - COMMISSION#9314NOTARY PUBLIC STATE OF IDAHO Order Number:22468019 Warranty Deed(4-09)- Page 2 of 3 Dated: January 5,2023 Federation Point Property,LLC,an Idaho limited liability company BY: Stan V.Buckley, member BY: Steve Hepworth,Member BY: _ David H.Sca s, ember of Idaho County of ,ss. On this - of 20—before me,the undersigned,a Notary Public in and for said State,personally appeare V.Buckley, known or identified to me to be a Member of Federation Point Property, LLC the limited liability company t ecuted the within instrument and acknowledged to me that he executed the same for and on behalf of said limited lia ' company and that such limited liability company executed it. IN WITNESS WHEREOF,I have hereunto se hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing In: My Commission Expires: Order Number:22468019 Warranty Deed(4-09)-Page 2 of 3 State of Idaho County of Cassia,ss. On this 9th day of March 2023, before me,the undersigned,a Notary Public in and for said State, personally appeared Steve Hepworth, known or identified to me to be a Member of Federation Point Property, LLC the limited liability company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said limited liability company and that such limited liability company executed it. 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 ANNETTE ROTH Residing In: &.1,4 ,.(,� COMMISSION#9314 My Commission Expires: - br? NOTARY PUBLIC STATE OF IDAHO of Idaho County of ,ss. On this of 20_, before me,the undersigned, a Notary Public in and for said State, personally appeared H. Scaggs, known or identified to me to be a Member of Federation Point Property, LLC the limited liability company th ecuted the within instrument and acknowledged to me that he executed the same for and on behalf of said limited liabi' ompany and that such limited liability company executed it. IN WITNESS WHEREOF, I have hereunto set and and affixed my official seal the day and year in this certificate first above written. Notary Public Residing In: My Commission Expires: Order Number:22468019 Warranty Deed(4-09)-Page 3 of 3 State of Idaho County of Cassia,ss. On thisi day of March 2023,before me,the undersigned,a Notary Public in and for said State,personally appeared David H.Scaggs,known or identified to me to be a Member of Federation Point Property,LLC the limited liability company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said limited liability company and that such limited liability company executed it. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �""JIS21661" to� Notary Public, / ? ��TARY Residing In: iG��1 14�me PUBLIC i My Commission Expires: 1 1/2,9 2 7IP tib•� •. ••No. �'•.qTE 1�Ro``� �''••...OF�a••'` Order Number:22468019 Warranty Deed(4-09)-Page 3 of 3 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 1: That Twin Falls City Code Section 10-6-1,providing for PUD,Planned Unit Development Subdistricts is repealed and replaced by aNew 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 maybe 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 avariety ofappropriate land-use combinations inapreplanned 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 onlots; (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 subj ect 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 ofthe 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 - I (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 of: 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 fixture 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. 5. 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;nor shall they be detrimental to the health, safety and general welfare of the public. 2. Any variation from the underlying zoning district development requirements mustbe 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 P-UD, or any development of any parcel of land of two (2)acres or larger that is not part of a subdivision or ZDA PDD." 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 P--UB, 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 P—GB." S= iu 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 P-HB 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 P— GB advertising anonresidential use or nonresidential uses located within that ZDA P—GB and approved as part of a master sign plan through the ZDA P-ID process. 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 property is located adjacent to maior arterial or collector streets and/or where a varietv 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 P-HB, not to exceed SUI density." Section 6: That Twin Falls 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 P—HB 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 P—HB (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 P-HB process." Section 9: That Twin Falls City Code §§10-4-14.3(A)(2), (D)(2) and (17)(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 P—HB 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 PDD 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 P—GB 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 P-GB process." Section 1 l: 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 PCB 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 P—GB 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 theforegoing: a. Additional building height beyond one hundred feet(100') from the canyon rim may be allowed for hotel/convention centers,through the ZDA P—HB 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(35'). 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 P-ID process, in a ZDA P--HB 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 PUB through: (1) A combination of multiple buildings and public access across open space to the canyonrim trail system; and ZDA Ordinance - 7 (2) Promotion of community interaction among members of the public,through a combination of required ZDA P-UD property uses; open spaces and canyon rim trail system access. Permitted uses in such ZDA PCB 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 PCB 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 P-UD process." Section 16: That Twin Falls City Code §10-4-21.3(K)(1)(f) is amended as follows: 10-4-21.3: PROPERTY DEVELOPMENT STANDARDS: (K) Additional 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 PCB 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 Agreement ZDA 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 subdistricts. 5. Approval: Approval of a zoning development agreement subdistrict shall be based on the following standards: b. The density of the zoning development agreement 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 P--FIB 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 P—HB. (F) Architectural standards shall be approved through the ZDA P—GB 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 P-GB 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 zoning development agreement (ZDA P-ID) 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 P—HB 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 agreement , flood plain, cemetery, mobile home, large scale development, hazardous and unique areas of development." Section 23: That Twin Falls City Code §10-1 2-4.2(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 PUB 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 P-UD, 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 PDD." Section 24: That Twin Falls City Code §10-12-5.3(B)(7) is amended as follows: "10-12-5-3: CONDOMINIUM SUBDIVISIONS: 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 P—GB-er 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 planned 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. 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, 2014. SIGNED BY THE MAYOR 1 @-8 , 2014. ZDA Ordinance- 11 YOR ATTEST: DEP Y CIT ZDA Ordinance - 12 TWIN FALLS COUNTY 2022-009932 Pages: 25 May 24,2022 1:51:00 pm Fee:S I For.TWIN FALLS.CITY OF KRISTINA GLASCOCK County Clerk tl Deputy: SBANJAC i ORDINANCE NO. 0-2022-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWIN FALLS, IDAHO, REZONING CERTAIN REAL PROPERTY BELOW J DESCRIBED, PROVIDING THE ZONING CLASSIFICATION THEREFORE, AND ORDERING THE NECESSARY AREA OF IMPACT AND ZONING DISTRICTS MAP AMENDMENT is WHEREAS, Hepworth Family Landholdings, LLC c/o EHM Engineers, Inc. has made application for an amendment to the Federation Point ZDA to allow "Private" and "Public School" as an outright permitted use and approve an additional Conceptual Site Plan of property located at the southwest corner of Federation Road and Washington Street North; City of Twin Falls, and an amendment of the revised Area of Impact and Comprehensive Plan Land Use Map; and WHEREAS, the City Planning & Zoning Commission for the City of Twin Falls, Idaho, held a Public Hearing as required by law on the 29th day of March, 2022. , to consider the Zoning Designation and necessary Zoning & Planning Map amendment upon a rezone of the real property below described, and an amendment to the revised area of Impact and Comprehensive Plan Land Use Map; and, WHEREAS, the City Planning & Zoning Commission has made recommendations known to the City Council for Twin Falls, Idaho; and, WHEREAS, the City Council for the City of Twin Falls, Idaho, held a Public Hearing as required by law on the 2nd day of May 2022. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TWIN FALLS, IDAHO: SECTION 1. The following described real property located at the southwest corner of Federation Road and Washington Street North is the subject of .an amendment:-.to the.__Fedsra_ti.o.n:-Point ZDA to allow "Private" and "Public School" .,as . an-=outri-ght-permitted. use and approve an additional Conceptual Site-Plan. "Exhibit A"-Legal Description "Exhibit B"-Zoning Development Agreement R ti V 4 Ordinance No. 0-2022-011 Page 1 of 11 Zoning Application No.PZ22-0026 i SECTION 2. That the Area of Impact and Zoning Districts Map for the City of Twin Falls, Idaho, be and the same area herby amended to reflect the rezoning designation of the real property above described. A i SECTION 3. Public services may not be available at the time of development of this property, depending upon the speed of development of this and other developments, and the ability of the City to obtain additional water and/or sewer capacity. The annexation of this property shall not constitute a commitment by the City to provide water and/or wastewater services. PASSED BY THE CITY COUNCIL , 20 SIGNED BY THE MAYOR , 20 3.' ,+ May, r ATTEST: Deputy Ci y Clerk PUBLISH: Thursday, , 20 i 1 7 i i I Ordinance No. 0-2022-011 Page 2 of 11 Zoning Application No.P222-0026 Exhibit A 3 ZDA Legal Description Twin Falls County, Idaho s Being a portion of Lots 10 and 11, Block 1 as shown on that certain map entitled "The Pinnacle Subdivision, A Planned Unit Development", recorded August 26, 1996 as Instrument No. 1996-014850 in the office of the County Recorder of Twin Falls, and a portion of the North half of the Southwest Quarter of Section 33, Township 9 South, Range 17 East, Boise Meridian more particularly described as follows: Beginning at the Northeast corner of said Lot 10 and being the REAL POINT OF BEGINNING; Thence, North 87°17106" East 32. 62 feet; Thence, South 68044123" East 84 . 15 feet to the Northwest corner of that certain map entitled "Westpark Commercial Subdivision No. 4", recorded May 25, 2007 as Instrument No. 2007-012709 in said office of the County Recorder of Twin Falls County; Thence, along the West Boundary of said map (2007-012709) , South 00°13148" West 405. 84 feet to the Southwest corner thereof; Thence, along the North Right-of-Way of Canyon Crest Drive, along the arc of a non-tangent curve to the left having a radius of 282. 00 feet, through a central angle of 05°32136", an arc distance of 27 .28 feet and long chord that bears North 87038157" West 27.27 feet; Thence, continuing along said North Right-of-way, South 89034143" West 82.75 feet to the Southeast corner of that certain map entitled "River Vista South Subdivision, A Planned Unit Development", recorded June 29, 2006 as Instrument No. 2006-015859; Thence, along the East Boundary of said map (2006-015859) , North 00025115" West 99. 11 feet to the Southeast corner of said Lot 11; Thence, along the South Boundary of said Lot 11, North 89°34' 43" West 102. 84 feet to the Southwest corner thereof; Thence, along the West Boundary of said Lot 11, North 00025117" East 125.00 feet; Thence, leaving said West Boundary, North 15054' 11" East 44. 87 feet; Thence, - North 00000' 0.0" East 24. 02 feet to a point on the North Boundary of said Lot 11; Thence, leaving said North Boundary, North 00000100" East 50. 31 feet; Thence, North 25054111" East 36. 50 feet; Thence, North 00°00100" East 55.57 feet to a point on the North Boundary of said Lot 10; Ordinance No. 0-2022-011 Page 3 of 11 Zoning Application No.PZ22-0026 I 3 . i Thence, along said North Boundary, North 87017106" East 75. 11 feet to said REAL POINT OF BEGINNING. i Containing approximately 1. 79 Acres. End of Description a I Ordinance No. 0-2022-011 Page 4 of 11 Zoning Application No.PZ22-0026 II i 2022 Amendment to Federation Point, ZDA A Residential Mixed Use and Limited This Zoning Development Agreement(ZDA) is made and entered into this day 2022, by and between the City of Twin Falls, State of Idaho a municip4a, hereinafter called "City" and Steve Hepworth (hereinafter called "Developer") for the purpose of developing Residential Mixed Uses and Limited Commercial Uses on property located West of Washington Street North and South of Federation Road, known as Federation Point Subdivision, aZDA. NOW THEREFORE: 1. All future development, improvements, and uses shall conform to the standards and regulations of the Twin Falls City Code Title 10 — Chapter 4 — Section 15, RM, Residential Mixed Use District or as amended,Title 10---Chapter 4—Section 19; CRO, Canyon Rim Overlay District or as amended, and all references to other sections therein including the following deviations: 2. RM and CRO, Residential Mixed Use District and Canyon Rim Overlay District modified to include the following; A. Permitted uses; 1. Governmental facilities: a. Governmental office buildings. 2. Medical facilities: a. Doctor's offices. 3. Residential: a. Bed and breakfast facilities. b. Household units in the same building as an allowed use by the owner oran employee of the allowed use. c. Household units in the upper floors of commercial or professional buildings. 4. Retail Trade: a.Antique shop. b.Apparel and accessories. c.Art galleries and frame shops. d. Bakery, e. Bookstore. f. Craft shop, in conjunction with retail business. g. Eating places. h. Florist shop. i. Food, drugs, etc. j. General merchandise. k. Hardware store. 1. Hobby and toy store. m. Home d6cor, excluding appliances d Federation Point, ZDA A Residential Mixed Use and Limited Commercial Zoning Development Agreement n. Home furnishings and appliances.] o. Ice cream store. p. Import store. q. Laundering and drycleaning. r. Laundromats. s. Music store. t. Sporting goods store. 5. Services: a.Advertising. b.Apparel repair and alteration. c. Beauty and barber shops. d. Cottage businesses. e. Finance and investment offices. f. Insurance and related business. g. Photographic studios, h. Professional organizations. i. Professional services. j. Real estate and related business, 6. Public Assembly: a.Schools— private, single purpose. b.Schools- private, vocational and/or academic. c. Schools—public. Notwithstanding the foregoing list of permitted uses, any such use which broadcasts amplified music or sound by speakers to the exterior of a building shall also require a special use permit. B. Special Uses:A special use permit maybe 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: 1. Misc.: a.Any facility with drive-through service. 2. Parks: a. Public parks and playgrounds with crowd attracting facilities. 3. Public Assembly: a. Funeral chapels. b. SGhOO 6 p-1-ate, single purpose. G-.-&G' , * 'e, voGational andler aGad d.SGhGeIS ----PUb4G-. e.Theaters—indoor. f.Wedding chapels and/or reception halls. Federation Point, ZDA A Residential Mixed Use and Limited Commercial Zoning Development Agreement 4. Residential: a. Accessory buildings(more than 1,000 square feet)i.e.,garages and other accessary buildings exceptthose physically attached garages builtat the same time the home is built. b. Motels or transient hotels c. Nursing homes, rest homes, and assisted living facilities, 5. Retail Trade: a.Alcoholic beverages, when consumed on premises where sold. b. Permitted retail/trade operating outside thehours of seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. c.Pet shop. 6. Services: a. Dog Grooming. 7. Sports Facilities. a. Athletic areas. b. Indoor recreation facility. 3. Property Development Standards to be modified to include thefollowing; The following property development standards shall applyto all land and buildings in the RM district: A, Use Of Lots: 1. Each building is not required to be located on a separate lot. If desired, multiple buildings(including dwellings-duplex, triplex,fourplex)may be located on one contiguous lot/parcel. B. Lot Area: 1. Commercial Uses:The lot area for shall be of sufficient size to provide forthe building, the required setbacks, off street parking and landscaping. No commercial building shall occupy more than sixty percent(60%)of a lot. 2. Multi-family Residential:The lot parcel area shall be a minimum of six and one-tenth (6.1) acres and shall contain 19 four plex buildings and 7 duplex buildings with a total of 90 residential units per6.1 acre parcel as depicted upon the master development plan included as Exhibit B. C. Yards: 1.The front building line shall be as depicted on the master development plan. All frontyard building setbacks shall be twenty feet(20')from the property line or when multiple units are on one parcel a minimum of twenty-five feet(25)from the centerline of a private drive. Federation Point, ZDA A Residential Mixed Use and Limited Commercial Zoning Development Agreement 2.The side building line shall not be closer than five feet(6)to the side property line. 3.The rear building line shall not becloserthan ten feet(1 0')to the rearproperty line for multifamily units or five feet(5')for commercial units. 4. Rear,front,orside building lines adjacentto Federation Road and Washington Street North shall be fifteen feet(15')from the right of way line. No other building setback limitations shall be applicable to this development. 5. Rear,front,or side building lines adjacent to the western and southern boundary of the development shall be twenty feet(20')from the subdivision boundary. D. Other Development Criteria: 1. Perimeter Landscape Buffer and Screening:Alandscaping bufferoftwenty-five feet(25'), including sidewalks,shall be installed from back of curb along Washington Street North and Federation Road.Asixfoot(6')high masonrywall shall be installed along the south and west boundary of the development adjacent to existing residential lots. 2. Streets: Federation Road andWashington Street North shall be constructed perthe attached Exhibit C with a ten foot (10')wide concrete path on the north side of Federation Road adjacentto the development boundary for infill of a portion of the Canyon Rim Trail Extension. s Federation Point, ZDA A Residential Mixed Use and Limited Commercial Zoning Development Agreement STATE OF County of. _ i�.�s�.0..ke, _ On this 2 5 day of 1 2022 before me, a Notary Public for said Count and State, rsonall appeared Steven F. He worth known or Y P y pp p identified to me, to be the Member of the Limited Liability Company, that executed said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. i =Number TERFIOUT Residing atE?�C 1c1 ate of Idaho —j� 4 ber 29247n••p Ces Mar 17, 2028 Commission Expires: 3-1 -Z62,8__ Federation Point, ZDA A Residential Mixed Use and Limited Commercial Zoning Development Agreement Developer: Hepworth Family Landholdings, LL.0 Steven F. Hepworth, Member City, City of Twin Falls P.O. Box 1907 Twin Falls, ID 83303-1907 "City„ City of Twin Falls Py.B T �- ,��. J a or ATTEST City Clerk "DEVELOPER" Hepworth Family Landholdings, LLC Steven F. Hepworth, Member Federation Point, ZDA A Residential Mixed Use and Limited Commercial Zoning Development Agreement STATE OF IDAHO County of Twin Falls On this day of 2022 of re me, a Notary Public for said County and State, perso appearea -V�) and Uj PSI , known or identified to me, to be the Mayor and City Clerk, respectively, of the CITY OF TWIN FALLS, IDAHO, that executed said instrument, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. KELLI L EBERSOLE COMMISSION#20212449 Residing at ju)l A u w, NOTARY PUBLIC STATE OF IDAHO Commission Expires: .V RXI P R � / YJs�t L��"k � 7 � ►i k _ I R I .� �¢��� M�fll�uun�►� sI7VdNwu d3dd 'N3 DI6 ) I I II'rl rt r * _ Chi, W l �� ,� ; /! \ ^ Federation Point, ZDA /\ Residential mixed Use and []ODit8d Commercial Zoning Development Agreement � This Agreement (ZI}A) is mode and entered into this J±-day of . 2021. by and between the City of Twin Fa||o. State of Idahomunicipal oorpu�tion. hereinafter called "CU»"and Steve Hepworth (hereinafter called"Deve|ooe�)fo� the purpose of developing Residential Mixed Uses and Limited Commercial io[ Uses 'on property located West of Washington Street North and South ofFederation Rood, known as Federation Point Subdivision, mZ[A. NOW THEREFORE: 1. All future deVe/opmnOt, improvements, and uses mhgU conform to the standards and regulations of the Twin Falls City Code Title 10 — Chapter 4 — Section 15'' RK8 Residential Mixed Use District or as omended. Title 10 — Chapter 4—Section 1Q; CRO' Canyon Rim Overlay Diethctoras amended, and all references fo other sections therein including the following deviations: '' 2. RK8 and CRO. Residential PNhmd Use District and Canyon Rim Overlay District modified to include the following; A. Permitted uses; 1. Governmental facilities: a. Governmental office buildings, 2. Medical facilities: e. Dodo/a offices, 3. RemidenUa|: e. Bed and breakfast facilities. b. Household units /n the same building as an allowed use by the owner oron employee of the allowed use. c. Household units in the upper floors of commercial or professional buildings. 4. Retail Trade: a.Antique shop, b.Apparel and accessories, o.Art galleries and frame shops. d. Bakery. e. Bookstore. t Craft shop, in conjunction with retail business. � O. Eating places. h. Florist shop. i. Food, drugs, etc. ' General merchandise. k. Hardware store. i Hobby and toy store, m. Home d6cor. excluding appliances l37-2O FEDERATION POINT RK8-ZDA 9 Federation Point, ZDA I A Residential Mixed Use and Limited Commercial F Zoning Development Agreement s n. Home furnishings and appliances. a o. Ice cream store. p. Import store. q. Laundering and dry cleaning. r. Laundromats. s. Music store. t. Sporting goods store. 3 5. Services: a.Advertising. b.Apparel repair and alteration. c. Beauty and barber shops. d. Cottage businesses. e. Finance and investment offices: f. Insurance and related business. g. Photographic studios. h. Professional organizations. 1. Professional services. j. Real estate and related business. Notwithstanding the foregoing list of permitted uses, any such use which broadcasts amplified music or sound by speakers to the exterior of a building shall also require a special use permit. 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 in the District unless special provisions are taken. Special use permits may be granted for the following uses: 1. Misc.: a.Any facility with drive-through service. 2. Parks: a. Public parks and playgrounds with crowd attracting facilities. 3. Public Assembly: a. Funeral chapels. b. Schools—private, single purpose. c. Schools-private, vocational and/or academic. d. Schools—public. e.Theaters—indoor. f.Wedding chapels and/or reception halls. 4. Residential: a.Accessory buildings(more than 1,000 square feet) i.e.,garages and other accessory buildings except those physically attached garages built at the 137-20 FEDERATION POINT RM-ZDA Federation Point, ZDA A Residential Mixed Use and Limited Commercial Zoning Development Agreement i same time the home is built. b. Motels or transient hotels I c. Nursing homes, rest homes, and assisted living facilities. 5. Retail Trade: a.Alcoholic beverages,when consumed on premises where sold. b. Permitted retail/trade operating outside the hours of seven o'clock(7:00) A.M.to ten o'clock(10:00) P.M. c. Pet shop. 6. Services: a. Dog Grooming. 7. Sports Facilities: a.Athletic areas. b. Indoor recreation facility. 3. Property Development Standards to be modified to include the following; The following property development standards shall apply to all land and buildings in the RM district: A. Use Of Lots: 1. Each building is not required to be located on a separate lot. If desired, multiple buildings(including dwellings—duplex, triplex,fourplex)may be located on one contiguous lot/parcel. B. Lot Area: 1. Commercial Uses:The lot area for shall be of sufficient size to provide for the building,the required setbacks, off street parking and landscaping. No commercial building shall occupy more than sixty percent(60%)of a lot. 2. Multi-family Residential: The lot/parcel area shall be a minimum of six and one-tenth (6.1)acres and shall contain 19 fourplex buildings and 7 duplex buildings with a total of 90 residential units per 6.1 acre parcel as depicted upon the master development plan included as Exhibit B. s C. Yards; y 1.The front building line shall be as depicted on the master development plan. All front yard building setbacks shall be twenty feet(20)from the property line or when multiple units are on one parcel a minimum of twenty-five feet(26)from the centerline of a private drive. I j i 137-20 FEDERATION POINT RM-ZDA 1 0 P i I � Federation Point, ZDA A Residential Mixed Use and Limited Commercial a Zoning Development Agreement G 2. The side building line shall not be closer than five feet(5')to the side property line. 3. The rear building line shall not be closer than ten feet(10')to the rear property line for multifamily units or five feet(5)for commercial units. i 4. Rear,front, or side building lines adjacent to Federation Road and Washington Street North shall be fifteen feet(15)from the right of way line. No other building setback limitations shall be applicable to this development. 5. Rear,front, or side building lines adjacent to the western and southern boundary of the development shall be twenty feet(20')from the subdivision boundary. D. Other Development Criteria: 1. Perimeter Landscape Buffer and Screening: A landscaping buffer of twenty- five feet(25'), including sidewalks, shall be installed from back of curb along Washington Street North and Federation Road.A six foot(6')high masonry wall shall be installed along the south and west boundary of the development adjacent to existing residential lots. 2. Streets: Federation Road and Washington Street North shall be constructed per the attached Exhibit C with a ten foot(10')wide concrete path on the north side of Federation Road adjacent to the development boundary for infill of a portion of the Canyon Rim Trail Extension. s ' 1 i 1 137-20 FEDERATION POINT RM-ZDA Federation Point, ZDA A Residential Mixed Use and Limited Commercial Zoning Development Agreement Developer: Hepworth Family Landholdings,LLC Steven F.Hepworth,Member City: City of Twin Falls P.O.Box 1907 Twin Falls,ID 83303-1907 „CITY" CITY OF TWIN FALLS f 1 B . < Crf Mayo ATTEST: City Clerk >, ; "DEVELOPER" Hepworth Family Landholdings, LLC Steven F.Hepworth,Member By: c7 11�11-w SATE OF IDAHO ) ss. County of Twin Falls ) t1.�0I r On this day of i d .2021 before me,a Notary Public for said County and State,personally appeared_ U.ZAA)46 H AtQ t;10 S and ! C-/I,,A a NC 06 ` ,known or identified to me,to be the Mayor and City Clerk,respectively,of the CITY OF TWIN FALLS,IDAHO,that executed said instrument,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. / Ae KATHLEEN A.TOUCHETTE COMMISSION#28711 Residing at_ NOTARY PUBLIC STATE OF IDAHO I�W COMMISSION EXPIRES 10FAI2Q1 Commission Expires: �•� 137-20 FEDERATION POINT RM-ZDA Federation Point, ZDA A Residential Mixed Use and Limited Commercial Zoning Development Agreement STATE OF t-, ) ss. County of)- �y � �� On this day of 2021 before me,a Notary Public for said County and State, personally appeared Steven F. Hepworth known or identified to me,to be the Member of the Limited Liability Company,that executed said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. —Q 75 t �l TIFFANY WARES Residing at��`_] — ' � NOTARY PUBLIC STATE OF IDAHO Comm,No.55844 Commission Expires: 137-20 FEDERATION POINT RM-ZDA Al __ i2l YU o'er Federaft Not Subd visionA ZDA 7b APawl.E g II , 7—armnmo�&Smm n 1 -- Y4.YAlf i i' ,1 i T.9 mL V X RK -yM1 Tkh ra kkhn — — — oat 1 _ . - -, 5 Dili �.aerywmcs O,OC 7—"d Fm Existing Zone:R2 p a Proposed Zone:RM,ZDA - Q Exhibit B �- --- ZDA Master Plan W R mq.ry u,.a 7 B2 eat 4 `„fin sh,.rl r i' TYPICAL DUPLEX UNIT �4 �•, ,� « i� ix asp , J a i i 'ran f 11 L t ' TYPICAL FOUR-PLEX UNIT 4' 25' R 5' 1 2' 30.5' 5.5' 6' 10' 3.5' (CANYON RIM TRAIL) CRDWN 2.�_% 2.0% 4'SIDEWALK TO TFSD-709 WITH 2'—TYPE 1314'CRUSHED 2 112'— 112"PAVEMENT—SUPERPAVE HUA-111 AGGREGATE BASE 20 112'— 314'TYPE 1 CRUSHED AGGREGATE 4"SIDEWALK TO TFSD-709=— . CURB TO TFSD-701 WITH 6 TYPE 1 7 RASE COMPACTED TO A MIN..OF 957 MAX. DENSITY TYPE 1 314'CRUSHED AGGREGATE BASE 314"CRUSHED AGGREGATE BASE! NATIVE SOIL COMPACTED TO A MIN. OF 957 MAX. DENSITY Typical Shut Crass Section— Federatian 39.R £ 2' 6 5' 2'1 24' 20.5' EXISTING ROADWAY (TO REMAIN) a I ASAWCUT T CENTERLINE VERTICALLY VARIES 4"SIDEWALK TO 1FSD-709 WITH 2'— TYPE 1 314'CRUSHED AGGREGATE BASE 2 1/2'— 1/2'PAVEMENT—SUPERPAVE HMA 20 112'—314'TYPE 1 CRUSHED AGGREGATE If CURB TO TFSO-701 WITH 6°— TYPE I BASE COMPACTED TO A MIN. OF 95Z MAX. DENSITY 3/4"CRUSHED AGGREGATE BASE NAM SOIL COMPACTED TO A MIN. OF 959 MAX. DENSITY �Tpical Street Crass Section Washington Street Noah n.ts EXHIBIT C - Roadway Details Amendment to Federation Point, ZDA A Residential Mixed Use and Limited Commercial Zoning Development Agreement THIS AGREEMENT,made and entered into this_day of , 2024, by and between the CITY OF TWIN FALLS, a municipal corporation, State of Idaho (hereinafter called "City"), and FEDERATION POINT, LLC; an Idaho limited liability company and BUCKLEY REAL ESTATE, INC, an Idaho Corporation(hereinafter called "Developers"), whose address is 1460 W. Swede Bay Rd., Coeur D Alene, Idaho 83814. RECITALS WHEREAS, the Developers are the owners and the equitable title holders to certain tracts of land in the City of Twin Falls, County of Twin Falls, State of Idaho, more particularly described in Exhibit A attached hereto. The subject land is located in Lot 7, Block 1, Federation Point Subdivision, a ZDA as depicted in and included as Exhibit A(hereinafter referred to as "Property") and; WHEREAS, the Developers wish to amend and modify the permitted uses within the existing Zoning Development Agreement and; WHEREAS, the City, by and through its City Council, has agreed to the development of said land and agreed to amendment of the permitted land uses within the City of Twin Falls, Idaho, subject to certain terms, conditions and understandings, which conditions and understandings are the subject of this Agreement. COVENANTS NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Developers and the City agree as follows: I. Section 3. Subsection B.2. shall be amended and modified to read as follows: 2. Multi-family Residential: The lot/parcel area shall be a minimum of six and one- tenth (6.1) acres and shall contain 19 fourplex buildings and 7 duplex buildings with a total of 90 residential units per 6.1 acre parcel as depicted upon the master development plan included as Exhibit B. Fourplex and duplex buildings may be 137-20 ZDA Amendment 1 6-27-2024 placed on any individual lot or parcel provided the lot/parcel area of any individual lot or parcel shall not be less than 8,000 square feet in area nor shall the combined total of buildings or units exceed the amount previously stated within this section nor shall the total land area be less than 6.1 acres. 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" CITY OF TWIN FALLS By: Mayor ATTEST: City Clerk "DEVELOPERS" Federation Point, LLC By: David H. Scaggs, Member Authorized Signer Buckley Real Estate Inc. By: Stan Buckley, President 137-20 ZDA Amendment 2 6-27-2024 STATE OF IDAHO ) ss. County of Twin Falls ) On this day of , 20 before me, the undersigned, a Notary Public in and for said County and State, personally appeared and , Known or identified to me, to be the Mayor and City Clerk, respectively, of the CITY OF TWIN FALLS, IDAHO, that executed the said instrument, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. By: NOTARY PUBLIC FOR IDAHO Residing at My commission expires '= 3 33�3 3 1 9 137-20 ZDA Amendment 3 6-27-2024 STATE OF IDAHO ) SS. County of Twin Falls ) On this day of , 20_ before me, the undersigned, a Notary Public in and for said County and State, personally appeared David H. Scaggs, known or identified to me, to be the person who subscribed the foregoing instrument and acknowledged to me that she executed the same. 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 IDAHO Residing at My commission expires 137-20 ZDA Amendment 4 6-27-2024 STATE OF IDAHO ) ss. County of Twin Falls ) On this day of , 20 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Stan V. Buckley, known or identified to me, to be the person who subscribed the foregoing instrument'and acknowledged to me that she executed the same. 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 IDAHO Residing at My commission expires 137-20 ZDA Amendment 5 6-27-2024 EXHIBIT A LEGAL DESCRIPTION TWIN FALLS COUNTY, IDAHO Being all of Lot 7, Block 1 as shown on that certain map entitled"Federation Point Subdivision, a ZDA",recorded April 27, 2022 as Instrument No. 2022-008141 in the office of the County Recorder of Twin Falls County, more particularly described as follows: End of Description 137-20 ZDA Amendment 6 6-27-2024 "Oul SJOBUJOU3 VYH97 -WIM vwj-P-M [ till ; -A-M M-11P-d-MR i I r4 19 cs aj 1-k logo 'i I u Ali I I I JJ w z w tffib CO Z 'IT z III• Rp IN 11w Jim 137-20 ZDA Amendment 6-27-2024 13113 till w � w ■�' IA 12= RIM Ort F c W-