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2003-65 4 tl 5 7 Development Agreement Between Latah County, Moscow School District, First Presbyterian and the City of Moscow This agreement entered into this 5th day of Ma re h , 2003 by and between the City of Moscow, a Municipal Corporation of Idaho, herein and after referred to as "CITY'', Latah County, a political subdivision of the State of Idaho, herein and after referred to as "COUNTY'', Moscow School District, a political subdivision of the State ofldaho, herein and after referred to as "DISTRICT'', and the First Presbyterian Church of Moscow, herein and after referred to as "CHURCH". WflNESSETH: WHEREAS, COUNfY, DISTRICT, CHURCH and CITY are the individual owners of several properties legally described within Section I below, and shown on the attached map labeled as Exhibit and herein and after referred to as the subject property; and, WHEREAS, COUNTY, DISTRICT, CHURCH and CITY desire to rezone said property from the Multiple Family Residential (R-4) Zoning District and Residential Office (RO) Zoning District to the General B.usiness (GB) Zoning District; and, WHEREAS, CITY held a duly noticed public bearing before the City Council on December 16, 2002 to considered all written and oral testimony pn:sented; and, WHEREAS, CITY granted conditional approval of the rezone request with certain specified .conditions described below and as authorized by Idaho Code Section 67-6511A and City of Moscow Code Title 4-9-3(C); and, WHEREAS, COUNTY, DISTRICT, CHURCH and CITY enter into this Development Agreement on their own free· will and accord, without coercion and without inducement and at their request; and, WHEREAS, COUNTY, DISTRICT, CHURCH and CITY agree that the conditions of rezone approval and requirements herein are necessary to provide for the mitigation of the affects of the rezone approval and allowable development of the subject property; and, WHEREAS, COUNTY, DISTRICT, CHURCH and CITY have read this Agreement, have understood it, and have had the opportunity to avail themselves of legal and other counsel prior to entering this Agreement and prior to .signing it; NOW, THEREFORE, COUNTY, DISTRICT, CHURCH and CITY hereby agree as follows: I. PROPERTY AFFECTED: This Agreement affects several properties located within the City of Moscow, Idaho, and õore particularly described as follows: All that certain real property situate within Section 8, Township 39 North, Range 5 West, B.M., City of Moscow, Latah County, Idaho, being described as follows: Beginning at the intersection of the centerlines of Sixth and Adams Street in the City of Moscow, Idaho and running thence East along the centerline of Sixth Street a distance of 535 feet, thence ·North 40 feet to a point on the South line of Lot 4 of Russell's Addition to the City of Moscow, said point being 145 feet East of the Southwest Corner of Lot 4 of Russell's Addition, thence ---PAGE BREAK--- 47'1093 vRECORD 4?40 continuing North 125 feet, thence East 20 feet, thence North 85 feet, thence West 165 feet to the West line of Lot 4 of Russell's Addition, thence continuing West 40 feet to the centerline of Van Buren Street, thence North 410.5 feet along the centerline of Van Buren Street, thence West 40 feet to a point on the East line of Block 3 of Russell's Addition, said point being 106 feet south of the Northeast Comer of Said Block 3, thence continuing West 90 feet, thence North 106 feet to the North line of said Block 3, thence continuing North 40 feet to the centerline of Third Street, thence West 220 feet along the centerline of Third Street, thence South 10 feet, thence continuing West along the centerline of Third Street 285.16 feet, thence South 30 feet to a point on the South boundary line of Third Street which is 50 feet East of the Northwest Comer of Lot 2 of Russell's Addition, thence South 152 feet, thence East 75 Feet, thence South 263 feet t-0 the South line of Lot 2 of Russell's Addition, said point being also on the North line of Fifth Street, thence continuing South 25 feet to the centerline of Fifth Street, thence East 208 feet along the centerline of Fifth Street to its intersection with the centerline of Adams Street, thence South 330 feet more or less to the point of beginning. ALSO, that portion of the Russell's Addition to the City of Moscow recoded in Book 1 of Plats, page 3, records of Latah County, Idaho, described as follows: Beginning at the intersection of the centerline of Van Buren Street and the centerline of Third Street; thence North 240 feet along the centerline of Van Buren Street to the centerline of Second Street; thence West 350 feet along the centerline of Second Street to the centerline of Adams Street; thence South 240 feet along the centerline of Adams Street to the centerline of Third Street; thence East 350 feet along the centerline of Third Street to the point of beginning. II. CONDITIONS OF REZONE APPROVAL: 1. That development or redevelopment of the subject properties be restricted to the R-4 Zoning District building setback requirements for any yard abutting or across a street from a residential zoning district or residential use. 2. That development or redev³lopment of the subject properties be restricted to the R-4 Zoning District's maximum allowable building height of 40 feet. 3. That the permitted uses of the subject properties be limited to the following: a. Professional, financial, business and medical offices and any enterprise rendering professional or personal services b. Lodges, private clubs and fraternal societies c. Schools, commercial schools, churches, synagogues, mosques, governmental offices, libraries, museums, art galleries, police or fire stations, and similar public or private institutions d. Public utility installations relating directly to local distribution of services including switching and transmission stations, but not including warehouses and service yards e. Public off-street parking facilities, whether publicly or privately owned or operated; provide that any such area shall not be used as a sales or storage area for mobile homes, trailers, boats, or heavy equipment f. Health care facilities including hospitals and nursing homes g. Retail sales enterprises as an accessory use only. h. Eating and drinking establishments, such as cafeterias, delis or restaurants, catering primarily to on-site permitted uses as an accessory use only. i. Accessory uses as listed in the GB Zoning District are allowed by right. ---PAGE BREAK--- 471093 RECORD 414057 j. Conditional and Special uses listed in the GB Zoning District may still be allowed through issuance of the appropriate use permit. Ill. AMENDMENT This agreement may be modified pursuant to Idaho Code 67-651 lA. Nothing within this agreement shall preclude any of the subject property owners from applying for and potentially securing Variances as set forth in the Zoning Code. N. TERM: ·This Agreement shall remain in effect until such time as this agreement is dissolved by · the City Council. This agreement may also be amended with written consent of all parties in a manner consistent with the conditions of the rezone. V. CITY'S COVENANT: CITY shall not issue any land use or development permits for the subject properties that are not in compliance with the conditions of approval herein and other applicable City Code requirements. · VI. FAILURE TO COMPLY: Failure to comply with all of the requirements included herein shall result in the inability of CITY to issue any land use or development permits for the subject properties. VII. BINDING: This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent pmchasers of the subject property described herein. VIII. NOTICES: Any notice required or called for by the Agreement shall be deemed served upon the party whom it is sent when delivered by certified or registered United States Mail to the · following addresses: COUNTY: DISTRICT: CHURCH: CITY: Board of Latah County Commissioners· PO Box 8068 Moscow, ID 83843 Moscow School District 650 N. Cleveland Street Moscow, ID 83843 First Presbyterian Church 405 S. Van Buren Moscow, ID 83843 Marshall H. Comstock, Mayor City of Moscow 206 E. Third Street P.O. Box 9203 Moscow, ID 83843 ---PAGE BREAK--- IX. UNDERSTANDING: 474093 RERECORD 4h465?- COUNTY, DISTRICT, CHURCH and CITY have read and understand this Agreement and the contents thereof and have had the opportunity to avail themselves of legal and other counsel before entering into this Agreement and before signing it, and hereby enters into it voluntarily, willingly, and without inducement. IN WITNESS WHEREOF, the parties have executed this agreement to be effective the date first above written. · COUNTY: ATTEST: wid•A 3 . District ohn A. Nelson, Commissioner District III ATTEST: DATE: d.i - L9-o5 ABSTAIN