The URL can be used to link to this page

Minutes - 2006 - City Council - 01/10/2006 - Regular ORIGINAL EAGLE CITY COUNCIL Minutes January 10, 2006 PRE-COUNCIL AGENDA: 5:30 p.m. -7:30 p.m. 1. Site Review at New City Hall buildinl!: - 660 Civic Lane (between the Library and Post Office). The meeting will begin at 660 Civic Lane and immediately upon completion of the site review, Mayor and Council will return to City Hall (310 E. State S1.) for the continuation of city business. Council returns to City Hall (310 E. State St.) at 6:15 p.m. after site visit to 660 Civic Lane. 2. Facilities Manager, Mick McCurry will provide information about the organization of a Safe Drinking Water Committee. McCurry recommends that 5-7 people be appointed to Eagle's Safe Drinking Water Committee. The Mayor asks that Mick contact the people and return to Council in 2 weeks with a list of people who have agreed serve on this Committee. Mick relays his experience serving for FEMA helping the hurricane evacuees. Gives an update with the Lexington Hills Park pump house. After speaking with Vem Brewer, the thought is to combine the OK Park restroom and the pump house put out for bid at the same time. The pump house funding is connected to the judicial confirmation. Mayor wants to go ahead and get bids as the pump house is a security issue and directs him to tie the two projects together and go get three bids. 7. City Attorney Report: Buxton notes that a roof warranty for the new city hall building may be extended for $1300. The current warranty is for 10 years and could be extended to 15 years. Discussion. Council could take action later in the meeting under new business. The Mayor would like information provided to Council for review and bring it to Council at the next Council meeting. City Attorney would like an item to be added to Unfinished Business regarding the City Purchase of water storage tank site from Ada County. Ted Argyle has indicated that instead of the $20,000 per acre that had been agreed to during the site visit, the Commissioner's have directed him to request $25,000 per acre from the City. 4. City Engineer Report: Mr. Brewer the City has applied for a 404 permit on behalf of the Dry Creek Pathway underpass under Highway 44. The proposal for a pathway on the east side of the three section bridge is to excavate the fill material and construct a concrete surface in there, and then attach the pathway. In so doing it would improve the carrying capacity of the present structure. ITD commented that they wanted all of the structure and area to pass the flood flows and they have recommended that the City do another flood analysis. The counter proposal that Holladay Engineering is proposing is to remove the material back down to the base that was part of the ITD original permit, and then excavate down another 6 inches and put our sidewalk so that in fact our sidewalk would pass the same amount of water that was applied for and permitted with the ITD grid. The sidewalk would actually be placed at grade and there would be no net loss. Discussion. Discussion of drainage swales and recent discussions with ACHD regarding meteorological events that have caused water to accumulate in drainage swales. Page] K:\COUNCI1\MJNUTES\Temporary Minutes Work Area\CC-Ol-IO-06min doc 5. City Clerk/Treasurer Report: Deputy Clerk makes note that the Joint Meetings with ACHD will be held at noon. She is directed to e-mail the schedule again to verify everyone has accurate information on their calendars. Also directed to send msn directions to Council to remind them how to access their mail via the internet. 6. Zoning Administrator's Report: Vaughan notes that a task list is being compiled of current work load and priorities for the Planning and Zoning Department. States that ACHD will be approving their 5-year work plan on January 18th. He reviews the projects in the Eagle area that are on the list which include: Floating Feather Road, improvement to Edgewood Drive, Hill Road Extension project, State Street/Highway 44/Ballantyne Road realignment and signalization and a couple other smaller projects. 3. Mayor and Council's Report: Mayor introduces Theresa Verschuren who is her new assistant. Guerber gives a report on Air Quailty. Eagle Fire Department is looking to build a third Fire Station near Linder Road. Bastian comments on recent Design Review actions. Discusses the Rivendale Academy design, the new middle school, and Hill Road Park. Discusses recent discussions with representatives from Meridian School District as well as State Representatives regarding school start up costs. Sedlacek reports on the Chamber of Commerce awards that were given out today. Customer Appreciation Day is February 11 tho Discussion regarding relocating the new Sewer District site entrance. 1. CALL TO ORDER: Mayor calls the meeting to order at 7:30 p.m. 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A quorum is present. A QUORUM IS PRESENT. 3. PLEDGE OF ALLEGIANCE: Video presentation in honor Council member Sedlacek and presentation of eagle statue and artwork of appreciation for years of service on Council. 4. CONCLUSION OF FISCAL BUSINESS I. CONSENT AGENDA: . Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. . Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. B. Minutes of December 13,2005. C. Findinl!:s of Fact and Conclusions of Law for FPUD-05-05 & FP-09-05 - Final Development Plan and Final Plat for RiversEnd Subidivsion No.3 - Howell-Kiser Development Corp.: Howell-Kiser Development Corp. is requesting final development plan and final plat approval for RiversEnd Subdivision No.3, an II-lot (6-buildable, 5-common) Page 2 KICQUNClLlMrNUTES\Temporary Minutes Work Area\CC-OI-10-06mindoc residential subdivision. This 25.108-acre phase of RiversEnd Subdivision PUD is located between the North and South Channels of the Boise River approximately Y, -mile east of Eagle Road on East Island Woods Drive. (WEV) D. Findinl!:s of Fact and Conclusions of Law for RZ-17-05 - Rezone from R-3 (Residential 3 units per acre) to R-4-DA - Gemstar Development. LLC: Gemstar Development, LLC is requesting a rezone from R-3 (Residential 3 units per acre) to R-4-DA (Residential 4 units per acre with a Development Agreement). The 6.92-acre site is located on the south side of East Hill Road approximately 1,100-feet west of State Highway 55 at 2511 East Hill Road. (WEV) E. Findinl!:s of Fact and Conclusions of Law for PP-12-05 - PreJiminarv Plat for Gladstone Subdivision - Gemstar Development. LLC: Gemstar Development, LLC, is requesting preliminary plat approval for Gladstone Subdivision. The 6.92-acre, 23 lot (17 buildable, 6 common) subdivision is located on the south side of East Hill Road approximately 1,100-feet west of State Highway 55 at 2511 East HilI Road. (WEV) F. DR-55-04 MOD - Modification to the Master Sil!:n Plan for a Multi- tenant Office Buildinl!: - Mark Rodel!:hiero: Mark Rodeghiero of Source Mortgage, represented by Brad Bryant with Bryant Ideas, is requesting design review approval to modify an existing master sign plan for a multi- tenant office building. The site is located on Lot 24, Block 3, of Merrill Subdivision No.4 at 531 South Fitness Place. (WEV) G. DR-68-05 - Two Buildinl!: Wall Sil!:ns for Storal!:e 55 - Robert Drake: Robert Drake, represented by Mike Fairchild, Architect, is requesting design review approval to construct two (2) building wall signs for Storage 55 (a self storage facility). The site is located on the south side of Hill Road and east side of State Highway 55 at 2835 Hill Road. (WEV) H. DR-70-05 - Music Academv Facility - Ken and Marv Cenell: Ken and Mary Cenell, represented by Chad Slichter with Slichter Architects, are requesting design review approval to construct a three (3) story (22,659- square feet) music academy facility. The site is located on the south side of West Flint Drive approximately 600-feet north of State Highway 44 at 3415 West Flint Drive. (WEV) I. DR-91-05 - Multi-tenant Office Buildinl!: within Wind in I!: Creek Subdivision - Bruno Built. Inc.: Bruno Built, Inc., represented by Robert Bruno, is requesting design review approval to construct a 2,024- square foot multi-tenant office building. The site is located on the south side of East Winding Creek Drive approximately 100-feet north of East State Street at 947 East Winding Creek Drive (Lot 3, Block 2, Winding Creek Subdivision No.1). (WEV) J. DR-92-05 - Master Sil!:n Plan for a Multi-tenant Office Buildinl!: Includinl!: a Buildinl!: Wall Sil!:n for Bruno Built Homes - Bruno Built. Inc.: Bruno Built, Inc., represented by Robert Bruno, is requesting design review sign approval of a master sign plan for a multi-tenant office Page] K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-Ol-10-06min.doc building including a building wall sign for Bruno Built Homes. The site is located on the south side of East Winding Creek Drive approximately 100- feet north of East State Street at 947 East Winding Creek Drive (Lot 3, Block 2, Winding Creek Subdivision No.1). (WEV) K. DR-99-0S - Elementarv and Junior Hil!:h School- Meridian Joint School District No.2: The Meridian Joint School District No.2, represented by Wayne Thowless with LKV Architects, is requesting design review approval to construct an 85 ,2 1 4-square foot elementary and junior high school for the Galileo Math and Science Magnet School. The site is located on the east side of North Linder Road approximately one thousand-seven hundred feet (1,700') north of West State Street on Lot 1, Block 3, of Senora Creek Subdivision. (WEV) L. DR-toO-OS - Buildinl!: Wall Sil!:n and Monument Sil!:n for Galileo Math and Science Mal!:net School - Meridian Joint School District No. 2: The Meridian Joint School District No.2, represented by Wayne Thowless with LKV Architects, is requesting design review approval to construct building wall sign and monument sign for the Galileo Math and Science Magnet School. The site is located on the east side of North Linder Road approximately one thousand-seven hundred feet (1,700') north of West State Street on Lot 1, Block 3, of Senora Creek Subdivision. (WEV) M. DR-I03-0S - HilI Road Park Phase 2 - City of Eal!:le: City of Eagle, represented by James Murray with CSHQA Architects, is requesting design review approval for the second phase for Hill Road Park. The site is located on the north side of HilI Road approximately two-hundred sixty feet (260') east of Dicky Drive. (WEV) N. Issuance of Buildinl!: Permits for The Shores Subdivision: (WEV) O. Appointment to the Planninl!: and Zoninl!: Commission: The Mayor is requesting Council confirmation of the appointment to fulfill the balance of a vacated term which will expire in November 2006. (NM) Sedlacek would like item 0 & E removed. Guerber requests item G removed from consent agenda. Mayor would like item K and 0 removed for further discussion. Sedlacek moves to approve the consent agenda as amended. Seconded by Nordstrom. SEDLACEK: AYE; BASTIAN: AYE;GUERBER: AYE; NORDSTROM: AYE. ALL A YE...MOTION CARRIES. D. Findinl!:s of Fact and Conclusions of Law for RZ-17-0S - Rezone from R-3 (Residential 3 units per acre) to R-4-DA - Gemstar Development. LLC: Gemstar Development, LLC is requesting a rezone from R-3 (Residential 3 units per acre) to R-4-DA (Residential 4 units per acre with a Development Agreement). The 6.92-acre site is located on the south side of East Hill Road approximately 1,100-feet west of State Highway 55 at 2511 East Hill Road. (WEV) Page 4 K\CQUNClL\MINUTES\Temporary Minutes Work Area\CC-Ol-IO-06min.doc Sedlacek notes that the pathway along the ditch bank was suppose to be removed per the applicant's statement at the public hearing for this item. Consults with Zoning Administrator Vaughan on how to reflect this in the findings of fact. Sedlacek moves to approve Findings of Fact and Conclusions of Law for RZ- 17-05 - Rezone from R-3 (Residential 3 units per acre) to R-4-DA - Gemstar Development, LLC with item 2.8 on the development agreement to be stricken. Seconded by Bastian. ALL AYE...MOTION CARRIES. E. Findinl!:s of Fact and Conclusions of Law for PP-12-05 - PreJiminarv Plat for Gladstone Subdivision - Gemstar Development. LLC: Gemstar Development, LLC, is requesting preliminary plat approval for Gladstone Subdivision. The 6.92-acre, 23 lot (17 buildable, 6 common) subdivision is located on the south side of East Hill Road approximately 1,100- feet west of State Highway 55 at 2511 East Hill Road. (WEV) Sedlacek moves to approve Findings of Fact and Conclusions of Law for PP- 12-05 - PreJiminary Plat for Gladstone Subdivision - Gemstar Development, LLC: with the standard conditions of approval striking site specific condition 5 and 6. Seconded by Nordstrom. ALL ALL...MOTION CARRIES. G. DR-68-05 - Two Buildinl!: Wall Sil!:ns for Storal!:e 55 - Robert Drake: Robert Drake, represented by Mike Fairchild, Architect, is requesting design review approval to construct two (2) building wall signs for Storage 55 (a self storage facility). The site is located on the south side of Hill Road and east side of State Highway 55 at 2835 Hill Road. (WEV) Mayor introduces the item. Guerber states that he is very concerned with the sign design it looks like a billboard. Nordstrom also expresses his concern with the size of the proposed sign. Bastian explains the thought process that the Design Review Board went through that allowed them to reach this final version which Council is seeing tonight. Vaughan reviews the staff report including the applicable Eagle City Code sections. Mayor does not like the color and design of building and feels it needs to be totally reworked. Discussion. Bastian moves to remand DR-68-05 - Two Building Wall Signs for Storage 55 - Robert Drake this back to Design Review for re-working. Seconded by Nordstrom. ALL AYE...MOTION CARRIES. K. DR-99-05 - Elementarv and Junior Hil!:h School - Meridian Joint School District No.2: The Meridian Joint School District No.2, represented by Wayne Thowless with LKV Architects, is requesting design review approval to construct an 85,2 1 4-square foot elementary and junior high school for the Galileo Math and Page 5 K.\COUNCIL\MrNUTES\Temporary Minutes Work Area\CC-OI-IO-06min,doc Science Magnet School. The site is located on the east side of North Linder Road approximately one thousand-seven hundred feet (1,700') north of West State Street on Lot 1, Block 3, of Senora Creek Subdivision. (WEV) Mayor states that this item needs to go through a conditional use process as it exceeds Eagle's 35' height restriction. She likes the building at the 37 feet, but does not want to set a precedent by letting this violation of the height requirement slide. Sedlacek inquires if the Council would consider waiving the Conditional Use permit fee, as the applicant is Meridian School District. Council concurs that this is a good idea. Guerber moves to approve DR-99-05 - Elementary and Junior High School- Meridian Joint School District No.2 with the stipulation that an application be filed and received with a fee waiver and go through the conditional use process to confirm the additional 2' height beyond the normal allowances. Seconded by Bastian. ALL A YE...MOTION CARRIES. M. DR-I03-05 - Hill Road Park Phase 2 - City of Eal!:le: City of Eagle, represented by James Murray with CSHQA Architects, is requesting design review approval for the second phase for Hill Road Park. The site is located on the north side of Hill Road approximately two-hundred sixty feet (260') east of Dicky Drive. (WEV) Mayor introduces the item. Jim Murray presents the Council an overview of the design which was forwarded with the blessing of the Park and Pathway Development Committee. He will prepare a memo regarding budget and bring that to Council by the end of the week with hopes to discuss funding at a Council meeting in the near future. It is his hope to have the design approved tonight. Bastian moves to approve DR-I03-05 - Hill Road Park Phase 2 - City of Eagle. Seconded by Guerber. ALL A YE...MOTION CARRIES. O. Appointment to the Planninl!: and Zoninl!: Commission: The Mayor is requesting Council confirmation of the appointment to fulfill the balance of a vacated term which will expire in November 2006. (NM) Mayor states that her recommendation for the vacant Planning and Zoning Commissioner is Thomas Jacobs. Guerber moves to confirm the Mayor's appointment of Thomas Jacobs to the Planning and Zoning Commission. Seconded by Bastian. ALL A YE..MOTION CARRIES. Council member Sedlacek steps down. II. OATH OF OFFICE: A. Oath of Office: Mayor Merrill will administer the oath of office to Phil Bandy and Steve Guerber. Presentation of Certificates of Election. (NM) Page 6 K:\COUNCIL\MJNUTESITemporary Minutes Work Area\CC-OI-l0+06min doc Mayor administers the oath of office to Phil Bandy and Steve Guerber and presents them with their certificates of election.. 5. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. A QUORUM IS PRESENT. A. Election of City Council President: (NM) Guerber nominates that Stan Bastian continue as Council President. Seconded by Nordstrom. ALL AYE...MOTION CARRIES. B. Review and discussion of Council Liaison positions for 2005. Mayor suggests that the Council review the liaison positions and discuss it at the next Council meeting. Bastian moves to continue this item to the next meeting. Seconded by Guerber. Discussion. ALL AYE...MOTION CARRIES. 6. PUBLIC COMMENT: Due to a clerical error, the tape is turned on at 8:15 p.m. Tape 2 side 1. Jack Stewart 246 S. Neskowin Way Eagle, Idaho. Mr. Steward feels the Lonesome Dove application is too dense. Would like growth controlled. Would like an impact fee added to pay for new infrastructure that is caused by proposed development. Add his comments to public testimony for item 9B. The City Attorney notes that Mr. Stewarts comments will be considered as part of the public hearing testimony for agenda item 9B A-12-05/RZ-19-05 - Annexation and Rezone from RUT (Rural Urban Transition) to MU-DA (Mixed Use with a Development Agreement) Lonesome Dove Ranch - Hawkins Companies: The Mayor would like to move items under Proclamations & Resolutions to be heard after the public hearings. Bastian moves to amend the agenda to hear item 7 after public hearings and add under Unfinished Business: Discussion of the purchase of well storage site. Seconded by Bandy. ALL A YE...MOTION CARRIES. 8. FINAL PLATS: None 9. PUBLIC HEARINGS: A. A-9-05/RZ-13-05/CU-12-05/PPUD-13-05 - Lel!:acv Planned Unit Development: Signature Sports Development, LLC, represented by Darren Fluke of JUB Engineering is requesting annexation of 1 92.63-acres, a rezone of 762.38-acres from A (Agricultural) and RR (Rural Residential-Ada County Designation) to R-2-DA- P(Residential two units per acre maximum with a development agreement - PUD), and conditional use, planned unit development preliminary development plan approvals for Page? K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-Ol -10.06mindoc the Legacy Planned Community. The entire development consists of 762.38-acres (1,164-residientiallots with 8A-acres of commercial and 291.1-acres of golf course and open space). The applicant is requesting this item be continued to the January 24, 2006 meeting. (WEV) Mayor introduces the item. City Attorney states that the applicant has outstanding items regarding their development agreement that still need to submitted for review. Staff notes that the public hearing has been re-noticed. Nordstrom moves to continue A-9-05/RZ-13-05/CU-12-05/PPUD-13-05 - Legacy Planned Unit Development - Signature Sports Development LLC. to the January 24,2006 meeting. Seconded by Guerber. ALL AYE.. .MOTION CARRIES. B. A-12-05/RZ-19-05 - Annexation and Rezone from RUT (Rural Urban Transition) to MU-DA (Mixed Use with a Development Al!:reement) Lonesome Dove Ranch - Hawkins Companies: Hawkins Companies represented by Bart Longson is requesting approval of an annexation and a rezone from RUT (Rural Urban Transition) to MU-DA (Mixed Use with a Development Agreement). The 41.20-acre site is generally located on the southwest corner of Riverside Drive and State Street at 1505 Riverside Drive. (WEV) Mayor introduces the item. Mayor calls a 5 minute break. Mayor swears in Mr. Longson. Bart Longson representing Hawkins Companies reviews the application. Vaughan reviews the staff report. Discussion regarding the impact on traffic, traffic impact studies, and parking requirements. General discussion. City Attorney notes that under section five on of the development agreement there is a default statement on page 11 of 15 that needs to be added at section 5.3 which states that upon default the zoning for this parcel would automatically revert back to an AR zoning designation The City has standard language for that and it just needs to be placed into the development agreement. Mayor opens the public hearing. Jack Stewart's testimony that was giving during public comment will be considered for this item. See above. Mayor swear is John Heimer. John Heimer 4201 N. Blue Wing Place Boise, Idaho. Feels the river could be better utilized. Nothing has been talked about river access for this project. It doesn't need to be an elaborate concrete ramp, just a little place where you could get a boat in and out of the rIver. Mayor swears in Cheryl Bell. Cheryl Bell 1758 N. Mansfield Way Eagle, Idaho. Opposes any high density along the river and the impact oftraffic would be significant. Would like to preserve the view of Page 8 K\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-Ol-IO-06mindoc mountains and rivers, and what makes Idaho special. Feels that recreational opportunities along the river should be tapped into. Zoning Administrator requests that letter from Eagle River dated January 10,2006 and the letter from Steve and Susan Churchman dated January 9, 2006 be included in the record. City Attorney suggests that if Council requires a traffic study that the public testimony should be left open so the public would have an opportunity to review the document and comment on it. Mr. Longson rebuts testimony. States that they will be seeking a traffic study prior to preliminary plat. Discussion regarding traffic. Kirk Hansen, ACHD liaison. Reads an excerpt from an e-mail from Kristy Richardson with ACHD. "If the City is seeking more input on this application in regards to the roadway classification system they can defer it and work with us to generate more comments when we received it they still had a site plan that was changing everyday. We could also require that a traffic study to be conducted now rather than later down the road and would be happy to provide comments." Longson comments on pad size. Discussion between Council and Mr. Longson. Guerber feels that this type of application may be appropriate as long as the Council pays close attention to set backs and other items. Nordstrom feels that approval of this project may be contingent on a traffic study but in general likes the development. An effort should be made to try and drive people to utilize the open space that is provided within the proposed development. Is somewhat concerned that the development may be proposed with too high of a density. Mayor would like to know who these residences will be marketed to. She states that there are no recreation amenities and the proposal is, too dense. She could not support anything more than 10 units per acre and would not support big box development or drive-thrus within this development. Mayor feels that detaches sidewalks are a must and does not think that private streets are a good idea. Bastian is concerned with proposed setbacks, feels that sidewalks should be on both sides of the street and planter strips should be required, expresses concern with some of the proposed private streets, feels the narrow streets with high density is a bad combination for parking. Bandy agrees with a lot that has been stated by the other Council members. Feels that it may be a little too dense, but likes the idea of this type of development especially with the potential development of surrounding properties. Likes Council member Bastian's suggestions about private and public streets. General discussion. The Council would like to see public streets, sidewalks on both sides of the street with separated sidewalks with a planter strips and a tree lined boulevard for streets. The streets proposed as 24' are too narrow. Ifno parking is allowed on the streets 24' would be fine, but as soon as people start parking along these narrow streets it becomes something of a hazard. Mr. Longson expresses dismay that the direction he has received from the Planning and Zoning Commission and staff is drastically different than what Council is expressing tonight. Discussion. Page 9 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC .Ol-lO-06mindoc Kirk Hanson, ACHD liaison, compares street sections for the proposed private street sections vs. a public street section. Bastian would like a traffic study and are-draw of the conceptual plan with would mean a re-wording of the development agreement. Bastian moves to remand A-12-05/RZ-19-05 - Annexation and Rezone from RUT (Rural Urban Transition) to MU-DA (Mixed Use with a Development Agreement) Lonesome Dove Ranch - Hawkins Companies back to staff and the public hearing shall be re-noticed in compliance with State law. The application shall come back to Council on February 28, 2006. Seconded by Nordstrom. Discussion. ALL AYE...MOTION CARRIES. C. CP A-8-05 - Comprehensive Plan Text Amendment to amend The Eal!:le Comprehensive Plan Chapter 6 - City of Eal!:le: The City of Eagle is requesting a Comprehensive Plan Text Amendment to amend Chapter 6: Section 6.3 "Land Use Designations" and Table 6-2 "Definitions of Land Use" to clarify that all densities described within the plan are maximum. (WEV) Mayor introduces the item. City Planner Spencer, reviews the application. Discussion between Mayor, Council and City Planner. Mayor discusses her concerns with the high density that has been allowed in the western area of development, also comments on the Village Center definitions. Mayor opens the public hearing Mayor closes the public hearing. Bastian moves to approve CPA-8-05 - Comprehensive Plan Text Amendment to amend The Eagle Comprehensive Plan Chapter 6 - City of Eagle as presented. With the modification that in section 6.3 Land Use Designation strike the word "maximum" and replace with "allowable" in each instance. And to mirror the language is 6-2. Seconded by Bandy. Discussion. ALL A YE...MOTION CARRIES Guerber directs staff to direct staff to make changes to code to identify the maximum residential density in a MU development to allow up to 12. Seconded by Bandy. ALL A YE...MOTION CARRIES. PROCLAMATIONS & RESOLUTIONS: A. Resolution 06-01: A Resolution Of The City Of Eagle, Ada County, Idaho, Approving And Ratifying The Execution Of A Memorandum Of Understanding Between The City Of Eagle, Eagle Sport Legends Development, LLC, Eaglefield, LLC, And The Idaho Department Of Water Resources, And; Providing An Effective Date. (SEB) Mayor introduces the item. Page 10 K\COUNCIL\MrNUTES\Temporary Minutes Work Area\CC-OI-IO-06mindoc City Attorney, Buxton explains the purpose of the proposed resolution. This was to move forward on drilling the test hole permits. Guerber moves to pass Resolution 06-01. Seconded by Nordstrom. ALL AYE...MOTION CARRIES. B. Resolution No. 06-03: A Resolution Of The Eagle City Council, Eagle, Ada County, Idaho Adopting A Contractor Registration Verification Form, Requiring Contractors Performing Construction Work Within The City Of Eagle To Verify Compliance With The Idaho Contractor Registration Act, Title 54, Chapter 52 Of The Idaho Code; And Providing An Effective Date. (SEB & MM) Mayor introduces the item. City Attorney, Buxton reviews the resolution. Bandy moves to approve Resolution No. 06-03 correcting spelling within the title. Seconded by Nordstrom. ALL A YE...MOTION CARRIES. C. Resolution No. 06-04: A Resolution Of The City Council Of The City Of Eagle, Idaho, Making Findings And Declarations With Respect To The Financing Of Domestic Water System Facilities; Approving And Authorizing, Subject To Judicial Confirmation, The Execution Of A Loan Agreement Between The State OfIdaho And The City Of Eagle For The Financing Of The Facilities; Authorizing The Filing Of A Petition For Judicial Confirmation In The District Court Of The Fourth Judicial District Of The State OfIdaho, In And For Ada County; Providing For Related Matters; And Providing An Effective Date. (SEB) Mayor introduces the item. City Attorney, Buxton reviews the item. Nordstrom moves to approve Resolution 06-04. Seconded by Bandy. ALL A YE...MOTION CARRIES. 10. NEW BUSINESS: A. Intermountain Gas Franchise Fee collection: (NM) Mayor introduces the item. City Attorney, Buxton states she has been in contact with Intermountain Gas in response to a letter submitted by Mr. Morgan Masner. Has also reviewed the City's procedures and has been speaking with the franchise agencies. She will be following up with all of the franchise agencies. Any additional inquiries regarding this matter should be directed to the City Attorney. 11. UNFINISHED BUSINESS: A. Purchase of water storal!:e tank site from Ada County. Page 11 K \COUNCIL\MfNUTES\Temporary Minutes Work Area\CC-Ol-10.06mindoc City Attorney Buxton, relays a conversation with Ted Argyle with Ada County. After meeting with the Ada County Commissioners, they are now asking for $25,000 an acre. They would also now like a stand pipe for them to use for fire suppression purposes. They would also like the actual easements delineated. Buxton would like Council's direction regarding the request for additional monies and fire suppression devise. Guerber moves to approve the attorney returning to Ada County with an offer of $25000 an acre and allow for a hydrant to be installed at the northerly end of the Eagle Sports Complex for BLM fire protection with the addition of a negotiate easements. Seconded by Bandy. ALL A YE...MOTION CARRIES. 12. EXECUTIVE SESSION: A. Pending or threatened litigation. I.C. S67-2345(t) B. Acquisition of private property. I.C. S67-2345~ No executive session was held. 13. ADJOURNMENT: Guerber moves to adjourn. Seconded by Bandy . ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11 :35 p.m. .,........... .", OLE IIII ... .. " ~.,. .G.p....... ".. #~ _.. b v.. ....... ..- 0-... ~:r B... " I o~ .) >-'. 'l. , ~\O · . V~:::c '\O\u ' <(.>~ Q~ .. .. C:, o~....., .. . of . b ~ .. ... INCO~... 0" " ##. ..... ...... 1(., ,.'Ii "*"" S T P. ~ ",..,.... ...........', APPROVED: TRACY. SBORN, DEPUTY CLERK Page 12 K.\CQUNCIL\MINUTES\Temporary Minutes Work AreaICC-Ol-IO-06min doc EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET SUBJECT: A-12-05/RZ-19-05 — Annexation and Rezone from RUT (Rural Urban Transition) to MU -DA (Mixed Use with a Development Agreement) Lonesome Dove Ranch — Hawkins Companies: January 10, 2006 7:30 p.m. ADDRESS/ TELEPHONE SUBJECT /vt eg,, f „v r 37 1 JAW �/{ C c �Sr 57fs'.01iAkcFie. Cat NAME Ze2B/Y to?"2-11 Page l of 2 . H:I000NCILIAGENDAILSCGNUP. W PD TESTIFY YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET SUBJECT: A-12-05/RZ-19-05 — Annexation and Rezone from RUT (Rural Urban Transition) to MU -DA (Mixed Use with a Development Agreement) Lonesome Dove Ranch — Hawkins Companies: January 10, 2006 7:30 p.m. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT YES/NO? PRO/CON Page, of . H:ICOUNCILIAGENDAICCS IGNUP. WPD EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET SUBJECT: CPA -8-05 - Comprehensive Plan Text Amendment to amend The Eagle Comprehensive Plan Chapter 6 - City of Eagle: January 10, 2006 7:30 p.m. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT YES/NO? PRO/CON Page l of . H:\COUNCIL\AGENDA\CCSIGNUP. WPD 01/09/2006 13:25 FAX January 9, 2006 TO: Eagle City Council and Planning and Zoning Department 11 ida(.0 II0o1/o01 RECEIVED & FILED CITY OF EAGLE JAN 0 9 2006 File: Route to: We would like to go on record in opposition to the proposed high- density development on the land at Riverside Drive owned by Representative Otter. This type of housing is available to those who wish to live in it at Hidden Springs and Harris Ranch as well as several developments in the Meridian area. We do not need to spoil the rural, spacious beauty of our town with this type of housing. There are a lot of us who do not want to hear our neighbor's toilet flush in the night and Eagle should remain the choice for us. We are former California residents and this is just the type of development we were trying to get away from when we came to Eagle. We do not oppose growth, we know it is coming. Keep Eagle's growth to half -acre or larger lots for those who wish to maintain a high quality of life. Please uphold the high standards you have held to in the past and protect the tranquility and openness of our community. Don't let Eagle become just like every other town in the Treasure Valley. JUST SAY NO TO HIGH- DENSITY DEVELOPMENT!! Respectfully, Steve and Susan Churchman 2321 E. Brigantine Dr. Eagle, ID. 83616 JACK & MIRIAM STUART 246 So. Neskowin Way, Eagle, ID 83616 Tel (208)938-9296 Fax (208)938-6357 Jack's Cell (208)850-7407 Miriam's Cell (208)602-9296 Tuesday, Jan. 10, 2006 To Eagle City Council 310 E. State St. Eagle, ID 83616 RE: Development of Lonesome Dove Ranch Ladies & Gentlemen, My name is Jack Stuart, and I live at 246 S. Neskowin Way, Eagle, ID. I moved here from California a few years ago to get away from the growth and density you are now considering for the Lonesome Dove Ranch. As a 4th generation native of California, my friends asked me how I could leave. As a Navy veteran of WW II, I told them I was deserting a sinking ship! May I respectfully suggest that your first duty and responsibility is to the citizens of Eagle who voted you into office. How will development of Lonesome Dove affect them? Can you imagine what it will do to our already overloaded streets? 14 residences per acre!! Doesn't this violate the General Plan you have all promised to uphold? It is not our responsibility to house all the invaders of Treasure Valley. Development is favored by developers, sellers of raw land, real estate agents, Chambers of Commerce who want more customers for their members, bureaucrats who see their departments and salaries increasing (empire building), and politicians who see increased tax revenue for them to spend. Those opposing development are the citizen taxpayers who must tolerate increased taxes to pay for infrastructure to accommodate growth, and congestion and pollution that detracts from their quality of life. We must admit that growth is inevitable. Your challenge is to control it and make it pay its way. You have the power to fulfill this responsibility. In the early 70's the City of Petaluma, CA, 30 miles North of San Francisco, was experiencing explosive growth that was overwhelming their city. The Petaluma City Council enacted an ordinance that limited construction of new homes to 500 per year, with criteria to aid in the selection of applications. Of course, the National Association of Home Builders filed suit, and the case went all the way to the U.S. Supreme Court, who decided that a sovereign city had the constitutional right to control the use of land within its boundaries. In the early 60's when growth became a big controversy, the American Institute of Architects commissioned a study to determine the effects of growth. They found that almost all adverse factors in the human condition increased per capita with increased Eagle City Council Page 2 density, such as taxes, crime, welfare, sickness, divorce, congestion, pollution, juvenile delinquency, even corruption, etc., etc. Is this what we want for our beautiful Eagle? Those politicians who anticipate increased tax revenue fail to realize that the increased revenue will not be enough to pay for the increased infrastructure needed to accommodate the growth, such as schools, police, fire, roads, water and sewer, etc., etc. Therefore, taxes will be increased. Can you find a larger city with a lower tax rate? Growth always increases taxes. If the growth is rapid, the City will never catch up with the need for infrastructure. To ask the existing taxpayers, who have already paid for their infrastructure, to pay for additional infrastructure to accommodate growth, and the destruction of their peaceful lifestyle is an insult. Therefore, I strongly recommend a substantial impact fee be placed on all building permits to pay for the increased infrastructure needed to accommodate the new building. This would not only pay for infrastructure, but it would increase the cost of new construction, and slow it down to a more manageable rate. Growth is a huge problem. You have the power to control it. May God bless you with WISDOM to know what is right to do, and the COURAGE to do it. Respectfully, 74 .ae4etitt4.41". Jack H. Stuart Eagle River January 10. 2006 City Of Eagle 310 East State St:eet Eagle, Idaho 83616 OG I( RECEIVED & FILED CITY OF EAGLE JAN 1 0 2006 File. Route to: Re: Project# A-12-05/RZ-19-05 Hawkins Companies Dear Mayor Merrill and Members of the City Council This letter is to formally request that you continue the above matter because: 1) We did not receive notice of the application and as such have not been able to review it in detail. 2) The Plan seems to ignore the traffic issues facing the area including: a) The Frontage Road requirement of all properties south of the SH44/55 and East of Eagle Road up to the proposed Three Cities Crossing. b) The Traffic impact on Riverside Drive and the Intersection of Riverside and SH 55/44 c) The width of Riverside Drive is only 2 lanes in the area north of the proposed Project and the Intersection with SIi55/44 does not even allow free right turns if someone is waiting to go north. This is fine for now but not after intense additional developmental impacts. d) The overall Traffic Impact on the Road System with particular regard not only to this Development but also how this Development fits in to the almost certain additional developments both East and West of it. 3) We hope that the limits unposed by the City of Eagle on Eagle River, such as the Retail Building size limit and overall Retail Development size limit, will be proportionally enforced on this project. 4) Given the "Big City" density of the subject Property, a comprehensive Traffic Study could be very helpful in addressing many of the above issues. I will be happy to meet with you and /or the Hawkins group representatives on this matter at any time. Sincerely Eagle River, LLC By .•%.Q� , Managing Partner 485 EAST RIVERSIDE DRIVE • EAGLE, IDAHO 83616 PHONE: 208.938.4270 • FAX: 208.938.4272 =7-17494017/ 1-2 how r 9,/4"-X 4- <---164 .44/ 47/#41- ,-/Na //c74; Pe-Ath Q/ se,/ 4-1/ ZL 1-10V /1444P144•1 (41/2 (7./1/-7 14b7/11 -zed 0-4v/7 aojniri 14497 114,7/d Afr,/ 44 .4 -ave ,4/ -74_14,V7 e/k, -W171 ,444/ c31,414/ Itd-e,7W /-_sb/ /f Ore-YA, 7:1/4"1//-7-444P -4t7 frof47„.-/ 10"/ 9/W,117 '/.4-014/ -0-fr4 ~405 .d.2' 474/4/ I 41 ,4die' ekl - 1,402'9 .%f-4-1572/ /44W// _v„-f4le// 4 41/ mew S t wt'ottil #,0J-5// :cn/fiLwu neva AO Air:' • • 03 f;i- / 11 en 6:47-77 ji:Ja09-71-z7, frt,/-777.- ,'4w? ccre,etc,/77 /449z_rL7a,e7--; 1411-#077/ Mu/ 47 Z9,e17w, g-4,0 2W- ioti/A /frt7PE 470 4'e"- ,ek) 70 c/T7 )944774.5 af-t-fluS a6 -pe -F -y pd_ 4A17 t5-jd,t6 5,5- 1 Verfrfrie Mayor/ City Council City Clerk P & Z Dept. Bldg. Dept Attorney Engineer aciiiimo Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O, Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, made and entered into on the date as indicated herein, by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and Hawkins Companies LLC, an Idaho limited liability company and/or assigns ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate consisting of approximately forty two (42) acres located north of the Boise River, south of State Highway 44, at 1505 Riverside Drive, Eagle, Idaho,("Property") , as specifically defined in the attached legal description (Exhibit A), which is the subject of an application for a rezone, identified as Eagle Rezone Application No, RZ-19-05; and WHEREAS, the proposed development includes properties within an area currently designated on the Land Use Map of the Comprehensive Plan as Mixed Use and Floodway; and WHEREAS. the proposed development includes properties within an area currently zoned "Residential Urban Transitional" ("RUT") an Ada County zoning designation; and WHEREAS, the Applicant desires a MU -DA (Mixed Use with a development agreement) zoning designation to develop the Property into a mixed use project containing commercial, retail, residential, and open space as generally shown on the Concept Plan attached hereto as Exhibit B ("Concept Plan"); and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle has determined that the scope of any Mixed Use project upon the Property must be limited to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's use and enjoyment of the Property while at the same time limiting any Page 1 of 15 K:1Planning DeptlEagle Applications\RZ&A120051A-12-05 & RZ-19-05 stfda version 12-1-0S.doc adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property should be developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to a MU -DA (Mixed Use with development agreement) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8-2-1, this development agreement will be used in -lieu of the PUD and conditional use process; and WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1(C)(1); and WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference; and WHEREFORE, Applicant and the City of Eagle desire to resolve the issues and concerns that have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows: 1.1 ARTICLE 1 LEGAL AUTHORITY This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10. ARTICLE II ZONING ORDINANCE AMENDMENT 2.2 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to the Mixed Use District ("MU - DA"), after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE III CONDITIONS ON DEVELOPMENT Page 2 of 15 K:1Planning DeptlEagle ApplicationslRZ&A120051A-12-05 & RZ-19-05 atfda version 12-1-05.doc 3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 The Concept Plan represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. However, the residential portion of this development proposal is recognized by Eagle and Applicant as a desired component to a mixed use development. A residential component of similar size and area to that depicted in the Concept Plan with the provisions and allowances contained herein, shall be maintained. 3.3 The total number of residential units on the Property shall not exceed 311 -units in the aggregate. Development of the residential portion of the Property will be permitted through the Design Review process and future conditional use permits for the residential development will not be required. 3.3.1 Area A, B, and C will be developed with residential uses consisting of condominiums and townhouses as identified on the Concept Plan (Exhibits B1 and B2). Area A, B, and C consists of 13.6 -acres with a maximum of 235 -units (17.2 dwelling units per acre). The architecture of the units within this area are identified on Exhibits Cl thru C4. 3.3.2 Area D will be developed either as an office/retail use or as a residential use consisting of condominium and townhouses. If developed as a residential area, Area D will consist of a maximum of 40 -units (20 dwelling units per acre) with architectural styles as identified on Exhibits C 1 thru C4. 3.3.3 The area labeled as "Mixed Use/Retail" within the center of the development as shown on Exhibits B and C will consist of retail uses on the first floor and may have residential units located above the retail. The maximum number of residential units within this area will be 36 (9.2 dwelling units per acre). The architecture of the buildings within this area are identified on Exhibit C4 as "Midrise Live/Work Townhome & Condo Concept". 3.4 The Unit Type Summary (Exhibit B2) shows the conceptual layout and location for all buildings within the development. The Setbacks shall be as follows: Page 3 of 15 K1Planning Dept\Eagle Applications\RZ&A120051A-12-05 & RZ-19-05 stfda version 12-1-05.doc • Type 1 Townhouses: Front 5 feet (measured from back of curb) Rear 15 feet (minimum separation from other buildings) Interior Side 15 feet (measured from the back of sidewalk when unit is adjacent to a sidewalk or from back of curb when no sidewalk is present) Street Side 15 feet (measured from the back of sidewalk when unit is adjacent to a sidewalk or from back of curb when no sidewalk is present) Additional Setback for Multi -Story structures 2.5 feet • Type 2 Townhouses: Front Rear Interior Side Additional Setback for Multi -Story structures Street Side • Type 3 Townhouses: Front 15 feet (to porch) (measured from the back of sidewalk when unit is adjacent to a sidewalk or from back of curb when no sidewalk is present) 18 feet (to garage) (measured from the back of sidewalk when unit is adjacent to a sidewalk or from back of curb when no sidewalk is present) 15 feet (minimum separation between buildings) 12 feet (between buildings) 2.5 feet 12 feet (measured from the back of sidewalk when unit is adjacent to a sidewalk or from back of curb when no sidewalk is present) 15 feet (to porch) (measured from back of sidewalk) 18 feet (to garage) (measured from back of sidewalk) Page 4of15 K .Planning DeptlEagle ApplicationslRZ&A120051A-12-05 & RZ-19-05 stfda version 12-1-05.doc Rear Interior Side Additional Setback for Multi -Story structures Street Side • Stacked Flat Condominiums: Front Rear Interior Side Street Side • Garden Townhouses Front Rear Interior Side Additional Setback for Multi -Story structures Street Side 0 feet (measured from Floodway setback line) (for units located along the southern portion of the site adjacent to the open space area) 12 feet (between buildings) 2.5 feet 12 feet (measured from the back of sidewalk when unit is adjacent to a sidewalk or from back of curb when no sidewalk is present) 12 feet 5 feet 12 feet 12 feet N/a — opens to court yard* 15 feet (between buildings) 5 feet (between buildings) 2.5 feet 18 feet (measured from the back of sidewalk when unit is adjacent to a sidewalk or from back of curb when no sidewalk is present) • Mixed Use /Office/ Retail Commercial Buildings: 15 feet (between buildings) • All buildings shall be setback from Riverside Drive a minimum of 25 feet. 3.4.1 In the event the applicant desires to develop area A, B, C, or D with single family dwelling units then the following setbacks shall apply: Page 5 of 15 K. Planning DeptlEagle Applications\RZ&A120051A-12.05 & RZ-19-05 stfda version 12-I.05.doc • Single Family Residential: Front Rear Interior Side Additional Setback for Multi -Story structures Street Side 15 feet (to porch) (measured from the back of sidewalk when unit is adjacent to a sidewalk or from back of curb when no sidewalk is present) 18 feet (to garage) (measured from the back of sidewalk when unit is adjacent to a sidewalk or from back of curb when no sidewalk is present) 15 feet 5 feet 2.5 feet 15 feet All single family residential structures shall require both Applicant and Eagle Design Review Board approval prior to the issuance of any building permits to assure that the homes are designed to be compatible and consistent with the Northwestern Craftsman theme of the development. 3.5 The Mixed Use/ Office/ Retail commercial areas of the Property as depicted on Exhibit B1 are to be developed with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as limited in Section 3.6, below). Buildings up to a maximum of 40,000 square feet each are permitted for this area. 3.6 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the MU zoning designation shall require a conditional use permit, except that the residential portions of the Property described in Section 3.3 shall not require a conditional use permit. A "Drugstore/Pharmacy" (with drive up service) is intended to be an allowed use in this development and shall only be permitted through the Conditional Use Permit process. Page 6of15 K1Planning Dept\Eagle ApplicationARZ&A12005\A-12-05 & RZ-19-05 stf da version 12-1-05.doc In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: • Residential, Mobile Home (Single Unit); • Residential, Mobile Home (Single Unit Temporary Living Quarters); • Residential, Mobile Home Park; • Adult Business; • Automotive washing facility; • Cemetery; • Circuses and Carnivals; • Drive -In Theatre; • Equipment Rental and Sales Yard; • Kennel; • Nursery, plant materials; • Riding Academies/Stables; • Small Engine Repair; • Storage (fenced area); 3.7 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for maintenance of all community and privately owned landscaping, pressurized irrigation facilities, parking lots, private driveways, and amenities, (b) A requirement insuring compliance with the Design Guidelines approved with this Agreement. (c) A requirement for all fencing within the development to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited. 3.7.1 The applicant shall place a note on the final plat that all common areas are to be owned and maintained by the Owners Association(s) for the development. The applicant shall provide a copy of the CC&Rs (which include a similar statement regarding the common areas) for review and approval by the City attorney prior to the approval of the first final plat. The CC&Rs shall provide that the association(s) shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. 3.8 All development within the Property shall be consistent with the Site Design Page 7of15 K\Planning Dept\Eagle ApplicationslRZ&A120051A-12-05 & RZ-14.05 stf da version 12-1-05.doc Guidelines ("Design Guidelines") attached hereto as Exhibit E and generally consistent with the Conceptual Plan attached hereto as Exhibits B1 and B2. The Conceptual Plan attached hereto describes the general nature and relative location of certain elements for the Property. The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Conceptual Plan with the requirements set forth in this Development Agreement. Specific design elements shall be clarified during the platting and design review application processes. However, the streetscape as shown on the concept plan (the central design theme, center landscape islands, street trees, clubhouse, pathway network) shall be required design elements as part of the final design for the site. The overall open space for the site shall remain a minimum of 60%. For the purpose of this Agreement, open space shall be defined as all areas other than buildings, parking lots, roadways, and individual, fee -simple residential building envelopes. 3.9 The applicant's property shall be annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Applicant shall provide proof of central sewer service to the proposed residential and commercial uses. A letter of approval shall be provided to the City from the Idaho Department of .Health and Welfare, Division of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. 3.10 Applicant shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), the Army Corps of Engineers, the City of Eagle, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property shall comply with rule and regulations pertaining to regulated wetlands. 3.11 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.12 *Applicant shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the Property adjacent to the Boise River. The specific location and design of the pathway shall be approved by the City of Eagle Park and Pathway Development Committee, the Eagle Design Review Board, and the Eagle City Council prior to the submittal of the first final plat for the Property. The asphalt pathway shall be located in an easement or easements which shall be dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2), upon recordation of the final plat(s) wherein the pathway is located. Page 8of15 KAPlaaning Dept\Eag!c Applications1R2&A120051A-12-05 & RZ-19-05 stfda version 12-1-05.doc 3.13 A minimum of one emergency access point to the Boise River for the use of repair and rescue equipment and personnel shall be provided. Location and width of emergency access shall be as determined in coordination with the City of Eagle Park and Pathway Development Committee, Eagle Fire Department, and Flood Control District #10 and approved by the Eagle City Council prior to City approval of the preliminary plat or master design review application for the Property. 3.14 Provide bus stops as may be recommended by Eagle. 3.15 Applicant shall provide a minimum eight foot (8') wide tree lined landscaped strip along Riverside Drive with a detached five foot (5') wide concrete sidewalk located between the landscaped strip and the site. The landscaping, including street trees and pathways, shall be reviewed and approved by the Eagle Design Review Board prior to approval of the first final plat. The portion of the twenty-five foot (25') wide landscape strip located adjacent to Riverside Drive Riverside Drive shall include a minimum three foot (3') high berm with extensive landscaping to provide a buffer. 3.16 Applicant shall provide a center common area plaza for public use as generally depicted on the Concept Plan. The intent of the plaza is to become a focal point of the development with an adequate area for gathering, a water feature, benches, seat walls, and ornamental lighting to create a sense of place and identity for the core area of the development. The landscaping may include shrubs, flowers, water features, etc., and shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of a final plat. 3.17 The development is to incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables, etc.). 3.18 As provided by the applicant, "Northwest Craftsman Theme" shall be the required architecture standard for the development. Architectural examples of the above descriptive language, are attached hereto as Exhibit E. Eagle Design Review Board and Eagle City Council approval the detailed architectural plans for the development is required prior to the issuance of any building permits. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CCR&S. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each all buildings within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. Page 9 of 15 K:1Planning DeptlEagle ApplicationslRZ&A120051A-12-05 & RZ-19-05 stf da version 12-1-05.doc To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements herein or other design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.19 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting. 3.20 The applicant shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) style of ponds to be constructed in reference to mosquito abatement. The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat. 3.21 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 3.22 Other than any pathways, ponds and landscaped open space areas as depicted on the Concept Plan, development of the Floodway shall be prohibited. 3.23 Building placement shall be designed such that parking areas are not concentrated between the buildings and Riverside Drive. 3.24 City of Eagle approvals shall be subject to any FEMA requirements. 3.25 Applicant shall provide pedestrian and bicycle public access to the paved pathway along the Boise River as required in the Eagle Comprehensive Plan. 3.26 Provide a license agreement from ACRD approving the landscaping located within the public right-of-way abutting the northern boundary of the Property (Riverside Drive) prior to the City Clerk signing the final plat. 3.27 Pathways connecting the residential areas to the commercial areas shall be provided. Page 10 of 15 K:1Ptanning DcptlEaglc ApplicationslRZ&A120051A•12-05 & RZ-19-05 stf da version 12-1-05.doc ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS 4.1 An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code Section 67- 6511 A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE V DEFAULT 5.1 In the event the Applicant fails to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys' fees and court costs. ARTICLE VI UNENFORCEABLE PROVISIONS 6.1 If any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall terminate and the zoning of the property shall revert to the A -R (Agricultural -Residential) designation unless the portion of this instrument determined to be invalid or unenforceable is re- negotiated in good faith between the Applicant (or other appropriate party) and Eagle as an amendment to the Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. ARTICLE VII ASSIGNMENT AND TRANSFER 7.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Page 11 of 15 K:1Planning Dcpt\Eag c ApplicationslRZ&A120051A-12-05 & RZ-19-05 stf da version 12-1-05.doc Property and shall run with the land. This Development Agreement shall be binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE VIII GENERAL MATTERS 8.lAmendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this agreement. 8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below; Eagle: City of Eagle 310 E. State Eagle, Idaho 83616 Page 12 of 15 K1Planning Dept\Eagk Applications\RZ&A120051A-12-05 & RZ-19-05 stfda version 12-1.0S.doc Applicant: With Copy to: Hawkins Companies LLC Attn: Jeff Hess 8645 West Franklin Road Boise, Idaho 83709 Hawkins Homes and Communities Attn: Bart Longson 39 East Eagleridge Drive, Ste. 200 North Salt Lake, UT 84054 Or such other addresses and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service. 8.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 8.7 Termination: This agreement terminates upon completion of the Conditions of Development or after 7 years after the Effective Date, whichever comes first. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this day of , 2006. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: ATTEST: Sharon K. Bergmann, City Clerk Nancy C. Merrill, Mayor Page 13 of 15 K\Planning Dcpt\Eagle Applications\RZ&A120051A-12-05 & RZ-19-05 stfda version 12-1-05.doc HAWKINS COMPANIES, LLC By: (Owner's) STATE OF IDAHO ) : ss. County of Ada ) On this day of , 2005, before the undersigned notary public in and for the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged to me that said City 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: My Commission Expires: STATE OF IDAHO ) : ss. County of Ada ) On this day of , 2005, before the undersigned notary public in and for the said state, personally appeared , known or identified to me to be the owners of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: Page 14 of 15 K:1Planning DeptlEagle Applications\RZ&A120051A-12-05 & RZ-19-O5 stf da version 12-1-05.doc INDEX OF EXHIBITS Exhibit A - Legal Description of Property B — Site Plans 1. Development Density Exhibit 2. Overall Site Plan C- Townhouse and Condominium 1. Townhouse Type 1 Elevation 2. Front Loaded Garage Townhome (Type II) Elevation 3. Townhouse Type III Elevation 4. Midrise Live/Work Townhouse and Condo Concept (Stacked flat Condominiums) D — Street Cross Sections E - Design Guidelines F — Official Schedule of District Use Regulations Page 15 of 15 K\Planning Dept\Eagle ApplicationslRZ&A120051A-12-05 & RZ-19-05 stfda version 12-1-05.doc EXHIBIT "Bl" DU/AMAX AREAi\ 20 AREA B 16 iMICS AREA C 14.25 AREA D 20 . AREA D Approx. 87.120 sq. it or 2.0 Acres 20 U/Acro Max or Office/Rocel al 34,000 sq. AREA A Approx. 277,796 sq. ft 0( 6.37 Acres 20 U/Acre Max AREA B Approx. 101,759 sq. or 2.34 Acres 16 U/Ace Max AREA C Approx. 215.8472 sq. ft or 4.96 Acres 14.25 U/Acre Max RECEI• VED & FILED CITY OF EAGLE NOV 3 0 2005 File: Route to. Lonesome Dove Ranch Eagle, Idaho ------RiVe-r§ide Drive EXHIBIT "B2" RETAIL/COMMERCIAL OFFICE :STACKED FLAT TOWNHOUSES TYPE 1 TOWNHOUSES TYPE 2 TOWNHOUSES TYPE 3 GARDEN TOTAL CLUBHOUSE 77,750 Sq Et 36 54 48 28 60 226 RECEIVED & FILED CITY OF EAGLE NOV 3 11 2005 File. Route to: Lonesome Dove Ranch Eagle, Idaho HAWkINS CD tvi IV 1. ?J • EXHIBIT "01" RECEIVED & FILED CITY OF EAGLE NOV 3 0 2005 File. Route to: sa Lonesome Dove Ranch Eagle, Id • C:,\E,. HAWkINS HOMES COMMUNITIES '4' EXHIBIT "C2" RECEIVED & FILED CITY OF EAGLE NOV 3 0 2005 File: Route try 7AN Club House Concept 'ow Rear Loaded Garage Townhome Concept Front Loaded Garage Townhome Concept Lonesome Dove Ranch Eagle, Id Rear Elevation Townhome Concept HAWkINS HOMES COMMUNITIES EXHIBIT "C3" RECEIVED & FILED CITY OF EAGLE NOV 3 0 2O5 Lonesome Dove Ranch Eagle, Id 11-1AWkINS HOMES ck COMMUNITIES EXHIBIT "C4" I-tECEI\IED & FILED CITY OF EAGLE NOV 3 0 2065 File: Route to: Front Loaded Townhome Street Facade Concept Rear Loaded Garage Townhome Street Facade Concept Townhome Street Facade Concept Midnse Live/Work Townhome & Condo Concept HAWkINS _.! HOMES d COMMUNITIES 5' Walkway EXHIBIT "D" 24' Asphalt 2' curb and gutter each side 5' Meandering 5' Min. Walkway Planting Strip G 20' Asphalt 2' curb and gutter each side 8' Center Island 5' 5' Min. Walkway Planting Strip RECEIVED & FILED CITY OF EAGLE NOV 3 0 2005 File: Route to: 20' Asphalt / 5' Min. 5' Meandering Planting Walkway 2' curb and Strip gutter each side 24' Asphalt 2' curb and gutter each side r i( 5' Min. 5' Planting Walkway Strip ( '6 RECEIVED & FILED CITY OF EAGLE NOV 3 0 2U05 File: Route to. -1,441110§1 ; =a • avg. '9074 .2. tr.- sa Lonesome Dove Ranch Eagle, Id HAWkINS HOMES LQ COMMUNITIES RECEIVED & FILED CITY OF EAGLE NOV 3 0 2005 -File: # of stalls REThiuc )4 7 ...... . 4j../ OFt(...e. •I .4 y..3 . 11111.11111 RESIDENc . -gt .., ._._ ADDITIONALPARKING .., TOTAL PARKING STALLS 756 Lonesome Dove Ranch Eagle, Id HAWkINS HOMES commuNinEs EXHIBIT E LANDSCAPE, SITE DESIGN, AND ARCHITECTURAL DESIGN GUIDELINES Overview and Purpose The purpose of the Design Guidelines is to provide an aesthetic roadmap for the development of the Lonesome Dove project within the highly visible and scenic city of Eagle/ Boise River context. The guidelines also acknowledges that the development will occur over time, thereby requiring a means to ensure landscape, site design, and architectural harmony prevail as desired by the City set forth in Eagle City Code 8-2A Design Review Overlay District. The retail/commercial, townhouses and condominium elements of this project fall within the design review regulations set forth in Eagle City Code 8-2A Design Review Overlay District. Administration of Design Guidelines The property developer and/or successor will have design review responsibilities for all site development, landscape and architectural components. This review and approval process will occur by the developer prior to being forwarded to the City of Eagle for its review as part of any required land use, building, or design review application. General Applicability All development within the Lonesome Dove property, including but not limited to commercial, office, retail, flex space, multifamily, and residential projects is subject to these Guidelines. They shall be consistent with those set forth in Eagle City Code 8-2A-1 thru 8-2A-19, Design Review Overlay District, the Comprehensive Plan, and other applicable requirements set forth by the City of Eagle. In case of conflict, the `higher standard' interpretation shall prevail. • Flexibility: These guidelines are intended to depict the general nature of the architectural character while allowing sufficient flexibility for development to accommodate the evolving market, remain economically viable, support the purpose and goals of the City of Eagle, and respond to site and other conditions as necessary while keeping within the desired character of the project to the extent possible. Design Intent The intent of the Design Guidelines is to provide a harmonious and integrated development of commercial and residential buildings sharing common streets, trails, wetlands, and open spaces. The general theme of the City of Eagle is to emphasize Northwest, arts and crafts and "Craftsman" architectural styles and appropriate materials. To achieve this goal it is not necessary to slavishly copy older existing buildings and use of materials. Architectural character for new buildings can be achieved by proper use of traditional elements such as sloping roofs, dormers, parapets, cornices, window and door styles, and attention to correctly executed details which have and will continue to stand the test of time. Scale, proportion, style and color of all buildings as they relate to each other and the open area around them is important and necessary to establish and maintain a strong sense of community, specifically the character the City of Eagle seeks to achieve. Submittals All site development within the Lonesome Dove project area shall conform to the current zoning and development guidelines established by the City of Eagle and which will be supplemented by the project area covenants, conditions, and restrictions. All design documents submitted to the City of Eagle Design Review Board for landscape design, site design, and architectural design shall be in accordance with those described in the Eagle City Code 8-2A-1 thru 8-2A-19, Design Review Overlay District, and the Comprehensive Plan. Maintenance All parcel(s) within the Lonesome Dove project area shall be maintained in accordance with those provisions set forth in its covenants, conditions, and restrictions (CC&R's). 1.0 SITE DEVELOPMENT DESIGN GUIDELINES 1.10 General The term Site Development as used in this section, refers to the siting of structures and the placement of related improvements on individual parcels within the Lonesome Dove project. This includes but is not limited to parking lots, service areas, walkways, sign or identification structures, lighting, etc. The objective of the site development guidelines is twofold: 1) to support and amplify the City of Eagle City Code 8-2A-1 thru 8-2A-19, Design Review Overlay District and 2) to recognize the unique nature and location of the property within the City of Eagle fronting the Boise River. 1.20 Site Development Theme The site development theme acknowledges that the Lonesome Dove project is situated within the 100 year flood plain, contains a small amount of wetlands and fronts the Boise River riparian floodway which is contained with a dike. The basic site development concept is to gently elevate building pads and provide sufficient ponds on the site such that the overall site will result in no net loss of floodplain holding capacity. In addition building pad sites will be two feet above the 100 -year flood plain. 1.2.1 Design Objectives The site development design guidelines for individual parcels reflect several important goals: to strengthen the area's identity and create a unique and aesthetically pleasing environment within the context of the City of Eagle. The objectives underlying the thinking behind the design guidelines are stated as follows: • To establish a development area that is visually distinctive and memorable to its users and residents. • To encourage development in the area which is visually understandable and meaningful to its users. • To encourage the design of buildings and exterior spaces in the area to be of an overall high Quality and appropriate character yet diverse enough to reflect a variety of expression and creativity. • To create pedestrian scale in the design of streets, parking areas, buildings and spaces between buildings. • To soften and enhance the appearance of buildings and structures. • To creatively protect and enhance the Boise River natural environment, which abuts the property. • To creatively strive for no net loss of floodway holding capacity. • To create visual unity in the design of site development and buildings within each project parcel. 1.2.2 Design Standards for Main Entrance off of Riverside Drive (North South Road) The following standards apply to all the main entrance to the development off of Riverside Drive. This is the road that goes from the intersection off Riverside directly south to the main plaza area. This road is a private road, owned and maintained by the Lonesome Dove Association. • All crosswalks are 10 feet wide. • All crosswalks are handicapped accessible. A drop curb is required at corners to facilitate wheelchairs and strollers. • The pedestrian pathway is separated from the street by a minimum five (5) foot wide planting strip. 1.2.3 Design Standards for the road that intersects Riverside Drive to the west of the main entrance and then travels eastward towards the property that borders this development on the eastern boundary. See Exhibit "D" 1.2.4 Section At Entry of Riverside Drive See Exhibit "D" 1.2.5 Signage at Entrances of Residential Areas Within the framework set forth in the architectural guidelines related to materials, colors, etc., encourage individual expression at entryways by allowing freestanding structures which incorporate signing, lighting, and landscaping and which enhance the visual identity from the street. The purpose of this guideline is to create a sense of arrival and should be oriented to both pedestrian and automobile. • The design of entryways should always relate to the design of other buildings in the development parcel in terms of materials, scale, and color. • Signs identifying the names of tenants or buildings may be incorporated into the entry. • Entryway designs should integrate signage in a way that respects the architectural design integrity of the entryway. • Entryway signs may be placed on the property line without a setback requirement, provided that views of traffic are not obstructed as per current City of Eagle Standards. • Street trees should not be located in front of entryway signs. 1.2.6 Trees In Parking Lots Trees in parking lots are required to create smaller and friendlier spaces for people, to maximize the positive environmental effects that trees provide, and to reduce the impact of solar gain on cars and buildings. • Landscape planting area requirements for parking lots will be as described in the City of Eagle Code 8-2A-7. • Provide medium sized trees within the parking lot at the density described in the City of Eagle Code 8-2A-7. • Use trees to make smaller human -scaled spaces within parking lots and to soften the overall appearance of larger parking lot areas. • Locate the trees to allow for frame visibility of entries, signage, and to provide overall appropriate visibility for retail businesses. Section at Retail Area Parking Lot • Use a species of tree which will permit initial limbing of seven (7) feet. Prune trees regularly to achieve an ultimate minimum limb height of 12 feet. • Protect trees from overhanging bumpers with concrete curbs and allow for a minimum of three (3) feet between the curb and the center of the tree trunk. • Use one tree species in parking lot areas unless developments are extraordinarily large or where visual distinction would be appropriate. For variety, vary tree species from development parcel to development parcel. 1.2.7 Parking Lot Screening To reduce the visual impact of row upon row of parked cars and the glare of headlights at night, screen parking lots from view along borders with public streets. The creation of high walls however, should be avoided because of potential security and safety problems. Maximum screen height is to be three feet or as described in the City of Eagle Code 8-2A- 7. This enables people to see out and be seen from the street and cars. • Parking lot screens may be made of all plant material or a combination of low walls or earth berms and supplementary plant material. • The plant material in all -plant walls should be of such a type and number to reach a height of three and a half (3 1/2) feet within three years and to be approximately 75% opaque year round. • Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of wood, masonry, or concrete. Walls shall be generally sight -obscuring. • A minimum height of 42 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. 1.2.8 Bank, Laundry and Pharmacy with Drive -up Service Orientation and Screening Visually screen drive thru lanes from view along public streets. • Wherever feasible, orient the drive thru lane to be perpendicular to public streets. This will reduce any possible confusion created from headlight glare into oncoming traffic. • Screening may be accomplished using plant material or a combination of low walls or earth berms and supplementary plant material. • The plant material in all -plant walls should be of such a type and number to reach a height of three and a half (3 1/2) feet within three years and to be approximately 75% opaque year round. • Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of wood, masonry, or concrete. Walls shall be generally sight -obscuring. • A minimum height of 48 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. 1.2.9 Service Area Screening Visually soften and screen all service functions within the retail, office, and flex space portions of the development from public views. (See architectural guidelines.) • Screen dumpsters and recycling bins from public view with plant material or with a combination of screen walls and plant material. All walls should be constructed of durable materials able to withstand normal use. The screen walls are to incorporate the same material as used in adjacent building structures. • The height of plant materials and walls should be equal to the height of the dumpster and / or recycling bin unit at the time of installation. • Visually separate loading dock areas from public view with landscaping or walls and landscaping. 1.2.10 Walkways and Pathways Create an interconnected walkway and path system that will connect all parcels within the Lonesome Dove project area. • Provide one or more walkways which directly link the pedestrian entrances of businesses within the retail and office development to the public pathways. • Interconnect development parcels with pathways located along direct desire lines. • Differentiate walkways within the retail and office development from parking area paving by using a contrasting paving material. • Walk and path surface pattern and scoring depth must be compatible with the comfort and safety needs of pedestrians, especially the elderly and the handicapped. 1.2.11 Design Standards for Street Lights • All lighting shall be a "Dark Sky" style of lighting. • All street lights are to be pole mounted non -glare luminaires. • All luminaries are to have an internal shield and/or reflector, which directs the light beam downward to the traveled surface. • All streets, courts, cul-de-sacs, and parking lots are to be illuminated. The minimum light level is to be .25 foot candles. • All native trails, internal foot or bicycle paths, and recreation areas not otherwise located along a street are to be illuminated. The minimum light level is to be .25 foot candles. • Metal Halide lighting is prohibited. 1.2.12 Walkway and Pathway Lighting Provide lighting along all walkways and pathways. • Minimum footcandles along walkways should be not less than .25 footcandle and not more than 6-8 footcandle directly under the luminaire. • Avoid dark spots and abrupt changes in light levels. • Select fixtures which are harmonious with the design of the development and which have a pedestrian scale. • Metal Halide lighting is prohibited. 1.2.13 Site and Landscape Lighting Create site and landscape lighting to promote safety, security and visual attractiveness. • Use fixtures with indirect light sources (i.e., concealed from the users' line of sight) such as ground mounted lights or foliage lights. • Avoid creating dark spots which invite crime. • Help mitigate the effects of night blindness by avoiding any sudden changes in light levels. • Use site and landscape lighting as a means to harmonize the building and the site and landscape areas. • Metal Halide lighting is prohibited. 1.2.14 Parking Lot Lighting Create parking lot lighting which promotes a sense of safety, security and which is visually attractive. • Use shielded type fixtures to minimize problems of glare. • Minimum footcandles in parking lots should not be less than 1/2 footcandle and not more than 8-10 footcandle directly under the luminaire. • Avoid dark spots and abrupt changes in light levels. • Select fixtures which are harmonious with the design of the development. • Metal Halide lighting is prohibited. 2.0 LANDSCAPE DESIGN GUIDELINES 2.1.1 General The term landscape as used in this section refers to those elements which give form and character to the physical and natural environment of the Lonesome Dove project area. Those elements include but are not limited to the placement and variety of planting margins, sidewalks, paths and trails, wetlands and drainage swales, lighting, screening of service roads, entry features, special features, etc. Providing for a desirable "nature like" or "park like" setting in the context of the Boise River riparian environment is the goal of this section of the design guidelines. Standardizing this landscape within the broader framework of the Eagle City Code 8-2A Design Review and Overlay Districts. 2.1.2 Landscape Theme Because of its location within the Boise River flood plain the landscape theme for the Lonesome Dove project is to be a generalized reflection of the natural plant materials and growing conditions commonly found within the localized geographical area. The use of cultivars is encouraged insofar as they enhance the riparian landscape associated trees and shrubs. 2.1.3 Design Objectives The design guidelines for public rights of way reflect several important goals; to strengthen the area's identity, to create a pleasant pedestrian environment, and to achieve efficient and safe traffic flow. From these goals a number of objectives explain the purpose of the recommended design guidelines. • To establish consistency in the design of streets within the Lonesome Dove project area. • To create a strong visual framework through street design which unifies the project and which provides the background for individual expression in the design of specific project areas and parcels. • To create streetscapes which are visually distinctive and memorable to users and residents of the project and thus strengthen the identity of the site within the context of the City of Eagle. • To create streetscapes which aid in the visual understandability of the area by visitors, residents, and other users. • To increase pedestrian accessibility, safety, and comfort throughout the project. • To improve traffic flow and safety in the entire Lonesome Dove project area. 2.1.4 Design Standards for Main Entrance off of Riverside Drive (North South Road) See Exhibit D • Large canopy trees are placed at approximately 35 foot intervals within the curbside planting strip. At street and driveway intersections trees are located with respect given to A.C.H.D. clear vision standards. • All street trees have a minimum four (4) inch caliper and are limbed to a minimum height of 8 feet at the time of installation. • The property owner fronting the street provides a minimum of five (5) feet of planting between the edge of the pedestrian path and edge of any site development (parking lot screens, landscaped areas, etc.) except at entryways where design flexibility is required. • Pedestrian crosswalks which cross three -lane collectors, collectors or local roads, or major driveways to developments are paved in concrete. Where concrete crosswalks abut asphalt streets or driveways, a proper transition is required between the concrete and asphalt to avoid excessive wear and damage. • Pedestrian crosswalks, which cross four -lane streets or any other exceptional heavily traveled street, have 10 foot wide crosswalks defined by a pair of 12 inch painted lines. 2.1.5 Landscape Standards for interior roadways The purpose of the street tree standard is to provide a clear basis for selecting the appropriate type of tree for each street in the Lonesome Dove project. The visual importance of street trees is critical to the identity of the area. In summary, trees provide the visual glue which tie together the streetscape. Street trees bring visual order by providing a unifying element which allows individual expression to distinctly occur. Their form, foliage, color, and smell create special character for a particular street. It is important that all streets have some individual personality. This variation helps users to know where they are in the area. It also contributes to the uniqueness of the area. The suggested guidelines below therefore build on the present City of Eagle policy but offers some variation so that individual streets will take on special color and personality. • Flowering trees such as flowering pear and crab are recommended in each residential cluster, loop, or cul-de-sac. These trees should vary in variety from cluster to cluster and to each residential unit. • Medium-size canopy trees are placed at approximately 35 foot intervals between the curb and sidewalk. • All trees and associated groundcovers or lawn areas are to be irrigated with underground, automatic systems. • All street trees have a minimum three (3) inch caliper and are limbed to a minimum height of 7 feet at the time of installation. • The property owner fronting the street provides a minimum of five feet (5') of lawn or groundcover between the edge of the sidewalk and edge of any site development (parking lot screens, shrub landscaped areas, etc.). • Pedestrian crosswalks which cross collectors or local streets, or major driveways to developments are paved in concrete. Where concrete crosswalks abut asphalt streets or driveways, a proper transition is required between the concrete and asphalt to avoid excessive wear and damage. • The abutting property owner is responsible for maintaining the improvements within the public right of way from the property line to the edge of the curb. This includes street trees, groundcover areas, irrigation and sidewalks. • The entrances to the residential areas are to be defined with a raised feature planted island and identification sign. 2.1.6 Plant Material The use of semi -mature plant materials is important to establish the character of the development. The use of more mature plant material allows for more immediate enjoyment and provides a more finished look to the development. At a minimum the size at time of planting should be that which is set forth in the City of Eagle Code 8-2A-7. 2.1.7 Native Vegetation Make extensive use of native plant material (trees, shrubs, and groundcovers) in the design of landscape areas. Non-native ornamental plant material can be used to expand the creative palette of the landscape designer provided the plants are hearty and compatible in character with native material. • Retain as many existing trees as possible with calipers of four inches or greater. Retain understory vegetation which supports wildlife habitat. • Add trees to groups of existing trees to visually expand and enhance the presence of the native plant environment. • Include sufficient evergreen plant material within a development to create some year-round foliage effect. Possible locations include: service areas, along borders with residential areas, along blank walls, and on parking islands. 3.0 ARCHITECTURAL DESIGN GUIDELINES 3.1 General The term architectural design as used in this section refers to the design of all buildings on individual parcels within the Lonesome Dove project including but not limited to commercial, retail, office, flex space, multifamily and residential projects. The objective of the architectural design guidelines is two fold; 1) To support and amplify Eagle City Code 8-2A-1 thru 8-2A-19, Eagle Architecture and Site Design Book and Overlay Districts; and 2) To recognize the physical scale and scope of the project with its unique proximity to both downtown Eagle and the location of the proportion fronting the Boise River. 3.2 Architectural Theme The architectural theme acknowledges that the Lonesome Dove project will represent a significant commercial and residential expansion next to the center of downtown Eagle. It is important therefore that the architectural character of the Lonesome Dove project be harmonious with that described in the Eagle City Code 8-2A-1 thru 8-2A-19. The architectural theme will emphasize the Northwest Craftsman style incorporating appropriate building materials used in a supportive fashion. The design intent of the architectural character purposively amplifies the quiet rural tradition of historical Eagle. 3.3 Design Objectives The following architectural design objectives generally apply to all building types within the Lonesome Dove project including but not limited to commercial, office, flex space, multifamily, and residential projects. Together these architectural objectives constitute the core design guidelines for the buildings. • Mass and Proportion: Buildings shall be of a scale and proportion that relates well to adjacent buildings without dominating, overwhelming or appearing insubstantial in relationship. Long walls shall be relieved with offsets, bays, projections or other architectural features. • Character: Buildings shall be visually consistent with adjacent buildings and reflect their designated use without intentionally copying materials, details and colors except where it is an advantage to do so, such as canopies, trellises and elements that help define several structures as part of an intended group. • Roofs and Roofing: Sloping roofs such as gables and hips are required on smaller buildings and encouraged when appropriate on larger buildings, or portions of larger buildings. Decorative mansards on large buildings are not allowed, however, parapets, cornices and other detailing is acceptable. Materials for sloping roofs should be appropriate to the scale of the building and can be asphalt or composition, wood shingles or shakes, flat concrete tiles, or metal with standing or batten/rib seams. • Windows: Windows shall be in proportion with the building facade and individual glazing panes shall not be over -sized. Horizontal as well as vertical mullions are encouraged to give the appearance of a 4 -over -1 or 6 -over -1 sash windows. Styles shall be historically consistent with the architectural character of the building. Multiple -arched, round, sloping head and other 'trendy' window styles are inappropriate. Shading shall be achieved with awnings, canopies, overhangs and other architectural elements. Awnings shall be simple and of traditional materials - lighted vinyl awnings are inappropriate. Substantially tinted or colored glazing and interior shading films are not allowed. • Materials: Larger and high bay buildings shall be constructed of high quality, substantial, well -wearing materials: Brick, stucco, or concrete masonry, concrete, stucco or EIFS (exterior insulated finish systems) with proper detailing, reveals, and appropriate rustication. Careful attention to detail must be made to avoid a monotonous, bland, or flat appearance. Proper lighting may be key to enhance materials and relief on large-scale facades. Smaller and low bay buildings are encouraged to use similar materials as well as wood sidings - horizontal or vertical boards, boards or plywood with battens, and shingles. Local stone is encouraged and shall be used as walls, wainscots, bulkheads, columns or plinths, but not as decorative panels. Materials that are imitations of other materials are not permitted; such as concrete formed to appear as stone. Appropriate combinations of materials to modify scale and add visual interest should be considered. • Architectural Elements: On high bay or multiple story buildings, smaller scale features such as arcades, trellises, or canopies, as well as one story elements, shall be used to provide pedestrian scale. Attention to detail is encouraged and shall be proportional to the facade with the caution that elements used for only decorative purposes are discouraged, especially when appearing out -of -place on larger walls. • Equipment, Loading and Service Concealment: Mechanical and electrical equipment shall be located as much as possible away from pedestrian areas and substantially concealed with the same or compatible materials of construction as the building. Service and delivery access, refuse and recycling containers, and the like shall be located as much as possible away from pedestrian areas and substantially concealed with the same or compatible materials of construction as the building. • Color: Large walls shall be of light to medium values - white, bright hues, and decorative painting are discouraged. Moderate changes in value and color used to decrease apparent scale and mass are acceptable. Brighter colors shall be used in limited areas. 3.4 Building Design Guidelines/ Commercial — see Exhibits Cl thru C4 for architectural styles In addition to the general architectural design guidelines, the following items apply to commercial projects in order to ensure consistency of relationship of buildings to roads and parking areas. • Windows: Retail storefronts shall have solid bulkheads between the sill and adjacent ground or paving surface except at entry sidelights. • Relationship to parking: Main entries shall be easily visible and distinguishable from adjacent parking areas through the use of architectural elements and shall not rely on disproportional scaled signage. Pedestrian friendly crosswalks, trellises, canopies, landscaped buffers and the like shall be incorporated. 3.5 Building Design Guidelines/ Offices - see Exhibits Cl thru C4 for architectural styles In addition to the general architectural design guidelines, the following items apply to office buildings. • Windows: All openings shall appear as individual 'punched' windows, or groups of openings, in lieu of ribbon windows or storefronts, except at main building entries. All windows shall have solid bulkheads between the sill and adjacent ground or paving surface except at entry sidelights. • Relationship to parking: Main entries shall be easily visible and distinguishable from adjacent parking areas through the use of architectural elements and shall not rely on disproportional scaled signage. Pedestrian friendly crosswalks, trellises, canopies, landscaped buffers and the like shall be incorporated. 3.6 Building Design Guidelines/ Flex Space - see Exhibits Cl thru C4 for architectural styles In addition to the general architectural design guidelines, the following items apply to flex space projects. • Roofs: On high bay buildings, the use of sloping roofs around the perimeter, within or exceeding the depth of the structural and mechanical systems, are encouraged as a means of visually reducing the scale when appropriate. • Windows: All openings shall appear as individual 'punched' windows, or groups of openings, in lieu of ribbon windows or storefronts, except at main building entries. All windows shall have solid bulkheads between the sill and adjacent ground or paving surface except at entry sidelights. • Equipment, Service and Loading Concealment: Truck parking, large doors, and loading/unloading areas shall be located within walled courts, wings of the building, or a combination of both to substantially conceal the activity. • Relationship to parking: Entries to office or reception areas for individual uses shall be on the front or approach side of the building and shall be easily visible and distinguishable from adjacent parking areas through the use of architectural elements and shall not rely on disproportionally scaled signage. 3.7 Building Design Guidelines/ Residential - see Exhibits Cl thru C4 for architectural styles In addition to the general architectural design guidelines, the following items apply to duplex and single family residential projects. • Mass and Proportion: Houses shall be of a scale and proportion that relates well to adjacent houses without dominating, overwhelming or appearing insubstantial in relationship. • Character and Style: Houses shall be visually consistent with adjacent houses and reflect residential use without intentionally copying materials, details and colors except where it may be an advantage to do so, such as fences, exterior lighting, paving materials and elements that help define an integrated community. Facades shall not be over -styled with inappropriate decorative elements lacking respect for traditional precedent. • Garages: Enclosed garages attached to or separated from the house shall be of the same architectural character and materials, and painted with compatible colors. Consideration should be given to setting garages back from the front of the house to diminish the visual appearance of the doors. Garage doors shall be kept to minimum sizes and shall not be over -styled with arches, windows and decorative panels. Carports are discouraged. • Roofs and Roofing: Sloping roofs such as gables and hips are required. Dormers for windows, louvers and vents are encouraged on larger roofs, and parapets, cornices and other detailing is desirable. Materials for sloping roofs should be appropriate to the scale of the building and can be asphalt or composition shingles that do not simulate other materials, wood shingles or shakes, and flat concrete tiles. • Windows: Individual and groups of windows shall be in proportion with the house facade and individual -glazing panes shall not be over -sized. Horizontal as well as vertical mullions are encouraged to reinforce residential scale, true divided lights are desired. Shading shall be achieved with approved awnings, canopies, overhangs and other architectural elements; substantially tinted or colored glazing and interior shading films are not allowed. Trim, dormers, shutters and appropriate detailing are desirable. Fully arched windows are discouraged except when historically compatible with the architectural style. Multiple -arched, over -sized round, sloping head and other 'trendy' window styles are inappropriate. • Materials: Buildings are encouraged to be constructed of high quality, substantial, well -wearing materials: Brick, stucco, wood or composition sidings - horizontal or vertical boards, boards or plywood with battens, shingles, or EIFS (exterior insulation and finish systems) with proper detailing. Local stone is encouraged and shall be used as walls, wainscots, chimneys, columns or plinths but not as decorative panels. Materials that are imitations of other materials are discouraged; such as concrete formed to appear as stone. Appropriate combinations of materials to modify scale and add visual interest should be considered. • Architectural Elements: Attention to detail is encouraged and shall be proportional to the facade with the caution that non-traditional elements used for only decorative purposes are discouraged. Fireplace chimneys and enclosures are desirable. Porches, decks with railings, columns, cornices, detailed chimney tops, and appropriately designed entries are encouraged. Fences shall be designed to enhance visibility and shall not be tall, solid barriers that negate the feeling of neighborhood. Fences shall not dominate corner lots or long side yards. • Parking, Open Space and Trail Access: Parking for residents and guests shall be conveniently located. Open spaces for landscaping, decks, terraces and visual relief shall be considered. There shall be pedestrian and bicycle access to the path and street system. • Entry Wallcs and Drives: Driveway widths shall be kept to a minimum at the curb line and widen as necessary within the property. Walks shall be appropriately scaled. Pavers or patterned concrete is encouraged for walks and drives. • Equipment Concealment: Mechanical and electrical equipment shall be located as much as possible away from front yards and screened from view. Refuse and recycling containers shall be stored out of public view inside garages or behind fences - enclosures designed strictly for concealment purposes are discouraged. • Color: Walls shall be of light to medium values - decorative painting is discouraged. Moderate changes in value and color are acceptable. Brighter colors shall be used in limited areas.