Findings - CC - 2006 - A-01-06/RZ-01-06 - A And Rz From Rut To Mu-Da/66 Multi-Family Unit Condo/5.85 Acre
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE )
FROM RUT (RURAL URBAN TRANSITION) )
TO MU-DA (MIXED USE WITH )
DEVELOPMENT AGREEMENT) FOR )
BROWNSTONE CAPITAL, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-OI-06 & RZ-OI-06
The above-entitled annexation and rezone application came before the Eagle City council for their action
on July II, 2006. The Council, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Brownstone Capitol, Inc., represented by Doug Russell, ASLA, with The Land Group,
Inc., is requesting approval of an annexation and a rezone from RUT (Rural Urban
Transition) to MU-DA (Mixed Use with a Development Agreement) for a sixty-six (66)
multi-family unit condominium/townhouse housing development. The S.8S-acre site is
generally located adjacent to the southeast corner of Reid Merrill Park approximately 250
feet east of the intersection of Shore and Riverside Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held from 6:00-7:00 PM, May 9, 2006 at 462 E Shore
Drive, Suite 100, Eagle, Idaho, at the office to the Land Group, Inc., in compliance with
the application submittal requirement of Eagle City Code. The application for this item
was received by the City of Eagle February 16,2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on April 1, 2006. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on March 31, 2006. The site was posted in accordance with the Eagle City Code on
April 4, 2006. Requests for agencies' reviews were transmitted on February 21,2006, in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 26, 2006. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on June 21,
2006.The site was posted in accordance with the Eagle City Code on June 8, 2006.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The site was recently clear cut and then filled to raise the site out of the 100-year
floodplain. The Flood Plain Development Penn it was applied for and approved through
Ada County.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use and Floodway RUT (Rural Urban Vacant land
Transitional-Ada County
designation)
Proposed No Change MU-DA (Mixed Use with Residential (town homes
Development Agreement) and condominiums).
North ofsite Mixed Use MU-DA (Mixed Use with Merrill Park and Eagle
Development Agreement) River Development
South ofsite Floodway R-2 (Residential-up to two Hidden Island Subdivision
units per acre).
East of site Mixed Use RUT (Rural Urban Single family residence and
Transitional-Ada County pasture.
designation)
West of site Mixed Use MU-DA (Mixed Use with Merrill Park
Development Agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. TOTAL ACREAGE OF SITE: 5.85 +/- acres
1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See attached justification letter dated February 15, 2006 provided by the applicant's
representative.
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
The applicant is requesting a development agreement to protect the rights of the applicant
and the applicant's use and enjoyment of the property while at the same time mitigating
any potential adverse impacts of Terrazza at Eagle River upon neighboring properties and
the existing community and ensuring the property is developed in manner consistent with
Eagle's Comprehensive Plan and City Code.
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Lynn Moser with Eagle Sewer District stated in correspondence that it will be necessary
for the applicant to petition to annex the subject property into the sewer district for sewage
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disposal prior to development of the site. The City was forwarded correspondence from
the Idaho Department of Environmental Quality dated September 5, 2005, to Robert
DeShazo with Eagle Water regarding their concern over the adequacy of available water
volume and pressure. Utilities to the site will have to be provided utilizing the access
easement granted by the City.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - Yes 100 yr. floodplain/Zone AE, Floodway/Zone FW adjacent to the Boise River
Mature Trees - Yes, east edge of site. The entire site did have mature trees until the applicant clear
cut the property.
Riparian Vegetation - no
Steep Slopes - Yes, existing levee
Stream/Creek: Yes, Ballantyne Ditch
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - Yes, Boise River
N. NON-CONFORMING USES: None are apparent on the site.
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
Federal Emergency Management Agency (FEMA)
Idaho Department of Environmental Quality (dated September 7, 2005)-- Concerns with Eagle
Water Company source deficiencies.
Idaho Department of Environmental Quality
Idaho Department of Lands
Idaho Transportation Department
P. LETTERS FROM THE PUBLIC:
Chuck Carlise with Eagle River stated in correspondence, date stamped by the City on
March 6, 2006, that Eagle River is concerned with the impact the development will have
on the Eagle River road system. Mr. Carlise also requested that the City stipulate as a
condition of approval that Terrazza should pay for their share of the road improvements
for a new road linking Riverside Drive with State Highway 44.
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Thomas Dater, the adjacent property owner to the east stated in correspondence, date
stamped by the City on March 23, 2006, that the proposed development is a good use of
the land and the proper housing for the property.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the floodway which can pose significant hazards
during a flood event. Also, the floodway areas shall not be considered as a part of the
minimum area of open space required (as required within the zoning ordinance) unless
developed as noted within this paragraph. Floodway areas shall be excluded from being
used for calculating permitted residential densities. Any portion of the floodway developed
as a substantially improved wildlife habitat area open to the public, or useable public open
space, such as a pathways, ball fields, parks, or similar amenities as may be approved by the
City Council, may be credited toward the minimum open space required for a development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and
the floodway boundary shown on the Federal Emergency Management Administration maps
such that the floodway area is smaller than that shown on the Land Use Map the adjacent land
use designation show shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on
the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require benning, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
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AMENDED 2000 COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 14,2004
Chapter I
Overview
1.1
The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and services are provided to the
people at reasonable cost.
d. To ensure that the important environmental features of the City and its Impact
Area are protected and enhanced.
g. To ensure that the development of land is commensurate with the physical
characteristics of the land.
h. To protect life and property in areas subject to natural hazards and disasters.
I. To protect fish, wildlife, and recreation resources.
Chapter 4 - Schools, Public Services And Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special districts
provide the basic services of water, sewer, school, police, fire and library to
residents. With Eagle's growing population comes the need for increased public
services and the necessity to improve existing service delivery systems.
Policies conceming the manner in which public utilities and services are expanded
plays an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside providers,
it must be involved in any plans that will effect the community. Service providers
currently include:
.
The Eagle Sewer District provides sewer service within a designated sewer
service area. Larger lot homes have wells and septic systems and must
comply with Central District Health Department requirements.
.
The Meridian and Boise School Districts provide K-12 education.
.
United Water, Eagle Water Company, and the City provide water to Eagle
residents. Some private water systems and wells are also used.
.
The Eagle Fire District provides fire and emergency services.
Private canal companies and drainage districts provide irrigation water and
drainage water management.
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.
4.2.5 Domestic Water Existing and Future Conditions
Eagle Water Company, United Water Idaho (UWID) and the City of Eagle are the
major domestic water providers. Some residential subdivisions have their own
water systems and individual wells are used in some areas of the City.
4.2.7 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation
systems for the irrigation of landscaping when new development is within an
irrigation district and water rights are available.
Chapter 6 - Land Use
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
p. Support City of Eagle flood and stonn drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
Chapter 7
Natural Resources And Hazard Areas
7.8
Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas
within the Eagle Impact Area. Future areas may be added to the Comprehensive
Plan when deemed necessary.
Areas of flooding consists of two parts: (I) the floodway which is the most severe
area of flooding characterized by deep and fast moving water; and (2) the
floodplain which is less severe than the floodway and is characterized by
shallower and slower moving waters at the time of flooding.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open
space area, a recreational area and/or a nature area may be encouraged in the 100-year
floodplain of the Boise River and Dry Creek.
The floodway is shown as a generalized area only on the Land Use Map. The
Federal Emergency Management Administration (FEMA) maps show specifically
where the floodway and floodplain boundaries are located. (Also, see Eagle City
Code for definitions oftenns relating to the floodplain areas.)
7.9 Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
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Chapter 8 Transportation
8.3.0 City of Eagle Functional Pathway Classifications
8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes on each side ofthe
roadway.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and its
Area of Impact.
8.5 Objective
Encourage alternative transportation fonns such as walking and biking.
8.6 Implementation Strategies
b. Integrate all modes of travel to support air quality improvement measures.
Chapter 9
Parks, Recreation And Open Spaces
9.5
Pathways And Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
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9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative fonns of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
h. Acquire pathway easements on the north side of the North Channel.
J. Provide adequate parking and public facilities along greenbelts and pathway
systems.
I. Provide public infonnation on safety, current location, nearest public facility
location, and emergency telephone system along greenbelts and pathway systems
(i.e., milepost markers).
Chapter 11
Special Areas and Sites
11.1
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat,
floodway and scenic natural resource reflective of Eagle's rural character.
These special areas will require comprehensive and specific planning to ensure
that such topographical, hydrological, ecological, architectural and scenic
concerns have been thoroughly addressed and incorporated into any engineering
and development plans. The special review process should include, but not be
limited to the following:
. Area wide drainage including hillsides, foothills and gulches
. Water quality
. Sanitation
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· Area-wide traffic plans
. Pathways, trail access
· Wetlands issues
· Fish and wildlife habitat
· Existing trees and natural features
· River and creek greenbelt areas
· Potential for pennanent open space and natural preserves including steep
hillside terrain, rock outcroppings and foothill gulches.
11.2 Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
11.3 Goal
To promote the conservation and efficient management of all Special Area and
Sites.
11.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
1. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any development impacting a designated Special Area or
Site.
Chapter 12
Community Design
12.1
Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
Elements of the Eagle community design include: (a) a rural transitional
community with a shopping district functioning as the hub of the community; (b)
the Boise River and its floodplain with wildlife, trees, and recreation
opportunities; (c) the rolling hills north of the river; and, (d) a network of canals
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which crisscross the community.
Development will occur in the downtown as well as along arterials. City growth
and increased traffic levels on Highway 44 and Highway 55 will stimulate
demand for new development along these entrances. These same corridors have
great potential for more intensive mixed-use development.
12.4 Implementation Strategies
a. Establish and maintain a development pattern and design criteria in keeping
with the rural transitional identity of Eagle. This includes growth within the
Impact Area that discourages or precludes the establishment of other City
centers.
c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, signage and other aesthetic standards. Development along State
Street within the Impact Area and outside the City limits shall be encouraged
to comply with the Design Review Ordinance.
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances.
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridge lines as visual amenities.
1. Encourage the development of pathways and open-space corridors throughout
the City.
m. Encourage the development of a strong community identity through urban
design standards, downtown revitalization, cultural activities, and visual
gateways to the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code, Section 8-1-2 defines Dwelling, Multi-Family as:
A dwelling consisting of three (3) or more dwelling units including townhouses and
condominiums with varying arrangements of entrances and party walls. Multi-family
housing may include public housing.
· Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the
zoning districts have been fonnulated to realize the general purposes as set forth in this
title. In addition, the specific purpose of each zoning district shall be as follows:
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MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD zoning district. All development requiring a conditional use permit in the
MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the
PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth
in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use penn it shall be required unless the proposed use is shown as a pennitted
use in the MU zoning district within section 8-2-3 of this chapter. Residential densities
shall not exceed twenty (20) dwelling units per gross acre. When a property is being
proposed for rezone to the MU zoning district a development agreement may be
utilized in lieu of the PUD and/or conditional use process if approved by the city
council provided the development agreement includes conditions of development
that are required during the PUD and conditional use process.
. Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Multi-family dwellings are allowed by Conditional Use within the MU (Mixed Use)
zoning designation.
. Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
MU (Mixed Use) zone:
Maximum Height - 35 Feet
Setbacks:
Front - 20 Feet
Rear - 20 Feet
Interior Side - 7.5 Feet (Additional five feet per story for multi-story not to exceed three
stories except by conditional use pennit).
. Eagle City Code, Section 8-2-4(B):
Additional 5 feet per story setback for multi-story structures. Height not to exceed 3
stories except by conditional use penn it.
· Eagle City Code, Section 8-2A Design Review Overlay District:
8-2A-I: General Applicability:
This article applies to all proposed development located within the design review
overlay district which shall include the entire city limits, and any land annexed
into the city after the date of adoption hereof. Such development includes, but is
not limited to, new commercial, industrial, institutional, office, multi-family
residential projects, signs, common areas, subdivision signage, proposed
conversions, proposed changes in land use and/or building use, exterior
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remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and
requires the submittal of a design review application pursuant to this article and
fee as prescribed from time to time by the city council.
The following are specifically excluded from the requirements of the design
review overlay district: development of an individual single-family detached
dwelling on a single parcel, an individual duplex (2 dwelling units), and an
individual town home consisting of a maximum of two (2) dwelling units.
8-2A-2: Purpose And Goals:
A. Purpose: The purpose of this article is to:
I. Recognize the interdependence of land values and aesthetics and to
provide a method by which the city may implement this interdependence
to the benefit of the community.
2. Encourage the development of private property in hannony with the
desired character of the city and in confonnance with the guidelines
herein provided with due regard to the public and private interests
involved.
3. Provide planning and design guidelines to give specific direction for
downtown development, while allowing for flexibility that promotes
creative, market driven development proposals.
B. Goals: The general theme of the design review overlay district is to specify
desirable building and landscape architectural styles and materials to create a
sustainable and pleasing environment for residents and visitors alike. The
architectural designs, materials, and graphics set forth in this article are
compiled to create a theme unique to the area called "Eagle architecture".
8-2A-5: Design Review Overlay Districts; Eagle Architecture And Site Design Book
(EASD):
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book
is to show, through the use of pictures and text, specific period architectural
styles, themes, and elements envisioned through the requirements of this article.
The EASD book, established through a resolution of the city council and as may
be amended through future resolution(s), contains all exhibits referenced in this
article and is incorporated herein by reference. However, exhibit A-I may only be
modified through an ordinance amendment. The architecture styles found in the
EASD book are pennitted styles. Architectural styles not shown within the EASD
book will not be considered. A copy of the EASD book is available at Eagle city
hall.
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. Eagle City Code Section 8-3-5 Unique Land Uses:
Certain unique land uses pose special problems that may have detrimental influences on
surrounding land uses. The following perfonnance standards for such unique land uses
shall be adhered to in addition to all other provisions of this title:
H. Contractor's Yard:
1. Will be located a minimum distance of three hundred feet (300') from any
residence, except for an owner's residence;
2. Will have screening fence around areas utilized for storage of equipment; and
3. Will be limited to storage, maintenance and processing incidental to contracting
work. There shall be no general industrial or commercial uses.
C. DISCUSSION:
. The 2000 Comprehensive Plan designates this site as Mixed Use and Floodway on the
Future Land Use Map. The lands to the west (Eagle River Development and Reid Merrill
Park) and north are zoned and developed under the MU (Mixed Use) zone. The residential
subdivision to the south (Nestled Island) will be buffered by the river from the proposed
development; therefore staff believes that a MU (Mixed Use) zoning classification for this
site is appropriate.
. The applicant is proposing multi-family dwellings utilizing a condominium/townhouse
style of development. The Concept Plan for the development shows a total of thirteen (13)
buildings housing sixty-six (66) dwellings units with a proposed density of thirteen and
one half(13.5) dwelling units per acre, excluding the portion of the property within the
floodway. The 2000 Comprehensive Plan states that Floodway areas shall be excluded
from being used for calculating pennitted residential densities.
Multi-family dwellings require a Conditional Use Pennit within the MU (Mixed Use)
zoning designation. Developments requiring a conditional use pennit in the MU zoning
district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or
development agreement process in accordance with chapter 6 or 10 of Eagle City Code.
The applicant is proposing a development agreement in lieu of a Planned Unit
Development (PUD) for this development; therefore the findings and conditions usually
found within a Conditional Use Penn it will be placed within the rezone findings and
associated development agreement.
. The concept plan date stamped by the City on May 19, 2006 shows the
condominium/townhouses to meet the allowed setbacks to be conditioned within a
development agreement. All structures adjacent to the northern property boundary should
have a twenty foot (20') setback from the property line. All structures adjacent to the
eastern and western property line in proximity to where the property line runs north and
south should have a twelve foot six inch (12'6") setback from the property boundary line.
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. The proposed site lies within the Boise River floodway and floodplain as delineated in the
FEMA, Flood Insurance Rate Maps (Panel numbers 154 & 162) map revision dated
February 19, 2003. The applicant has provided documentation of the approved LOMR-F
from The Anny Corps of Engineers. An approved 404-pennit through the Anny Corp of
Engineers for work within the wetlands will also be required.
. The building elevations, date stamped by the City on February 16, 2006, shows the
condominiums/townhouses are proposed to be two-stories in height with varying roof
heights. Although Eagle City Code Section 8-2-3 allows a maximum height of 35 feet in
all zones it is staff's opinion that the structures adjacent to Reid Merrill Park will reduce
the open feeling of the park due to the proximity and height of the buildings. The
applicant should provide elevations during the Design Review process showing the
condominiums/townhouses to be separated a minimum of twelve feet (12') and the height
of the condominiums/townhouses adjacent to the Reid Merrill Park to be reduced in height
to twenty-five (25') feet to maintain the open feeling of Reid Merrill Park. Staff will defer
to the Planning and Zoning Commission and the City Council for discussion regarding
this item.
. The concept plan date stamped by the City on May 19, 2006, shows sidewalks and
stamped concrete for pedestrian movement adjacent to both sides of the driveway. The
concept plan also shows stamped concrete crosswalks which provide access to the plaza
area at the center of the development.
. The 2000 Eagle City Comprehensive Plan Transportation/Pathway Network Map #1 of2
shows a pathway adjacent to the north side of the North Channel of the Boise River. The
applicant should meet with the City's Park and Pathway Development Committee prior to
submitting an application for Design Review approval to detennine the location of the
required public easement and pathway requirements. A condition should be placed in the
development agreement to provide for a connection from Riverside Drive through the
development for access to the greenbelt pathway system.
. The site currently has construction equipment stored on site. Per Eagle City Code
Contractor's Yards are required to have screening around the areas utilized for the storage
of equipment. Due to the location of this site in proximity to Reid Merrill Park all
equipment should be removed prior to the City adopting an ordinance to rezone the
property.
. Eagle City Code Section 8-2A requires commercial, retail and attached housing (multi-
family housing exceeding two units) comply with the design criteria as set forth in the
Eagle Architecture and Site Design Book. Section 3.7 of the proposed Development
Agreement requires all architectural plans be approved by the Design Review Board and
the Eagle City Council prior to the issuance of a zoning certificate.
. Per the Department of Environmental Quality (Boise Regional Office) letter dated
September 7, 2005, to Eagle Water Company and forwarded to the City of Eagle that due
to quantity and pressure concerns the DEQ will not approve additional projects that
receive potable water from the Eagle Water Company. The applicant needs to submit
letters from the Eagle Water Company and the Department of Environmental Quality
(Boise Regional Office) indicating potable water service has been approved to serve the
site. This has been incorporated into the Development Agreement and should be
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completed prior to submittal of the preliminary plat.
. With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council",
and based upon the infonnation provided to staff to date, staff believes that the proposed
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals
and objectives because:
a. The requested MU-DA zoning designation is consistent with the Mixed Use land use
designation shown on the Comprehensive Plan Land Use Map;
b. The infonnation provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve any and all uses allowed on this property under the
proposed zone;
c. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the RUT zone (Rural Urban Transitional) and land use to the east
since this site is currently a single family residence and pasture and is anticipated to
develop with similar residential densities;
d. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the MU-DA zone (Mixed Use with a Development Agreement) and
land use to the west since this site is currently a City park and since the conditions in
the development agreement will require buffering and setbacks from the park to
maintain an "open feel" to the park perimeter;
e. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the MU-DA zone (Mixed Use with a Development Agreement) and
land use to the north since this area is currently a City park and a commercial
development;
f. The proposed MU-DA zone (Mixed Use with a Development Agreement) is
compatible with the R-2 zone (Residential-up to two units per acre) and land use to
the south since this area is developed into a subdivision and is buffered from the
proposed development by the Boise River;
g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan, however the applicant has applied for a
LOMR (Letter of Map Revision) removing the site from the floodplain through
FEMA (Federal Emergency Management Administration) and Ada County; and
h. No non-confonning uses are expected to be created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the infonnation provided to staff to date, staff recommends approval of the requested
annexation and rezone with the conditions noted within the staff report to be placed within a
development agreement.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application came before the Planning and Zoning Commission on May I,
2006, at which time the Commission continued to May 5, 2006, and to June 5, 2006, at which time
testimony was taken and the public hearing was closed. The Commission made their recommendation
at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
individuals who indicated that the proposed development provides a needed residential element to the
Eagle River Development. One of the individuals also indicated that the proposed building heights are
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similar to the building heights within Eagle River Development adjacent to the Boise River.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one individual who asked if sufficient parking for guests or non-residents is
being provided for the development. Joe King from Ballantyne Irrigation District advised the
Commission that the Ballantyne Irrigation Ditch will be required to be tiled in this area.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-O 1-06 & RZ-O 1-06 for rezone with a
development agreement upon annexation from RUT (Rural Urban Transition - Ada County
designation) to MU-DA (Mixed Use with Development Agreement) for Brownstone Capital, Inc.,
with conditions to be placed within a development agreement as shown within their findings of
fact and conclusions oflaw document, dated June 19,2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 11,2006. Testimony
was taken, the public hearing was closed, and the Council made their decision at that time.
B. Oral testimony in opposition to the application was presented by one (I) individual who had a
concern regarding the density and the number of condominiums to be located on the property.
C. Oral testimony in favor of the application was presented by one (I) individual who spoke about the
history of the Eagle River project and how this project will provide a residential component to the
Eagle River project.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-I-06 & RZ-I-06 for an annexation and rezone RUT (Rural
Urban Transition - Ada County designation) to MU-DA (Mixed Use with Development
Agreement) for Brownstone Capital, Inc., with the following Planning and Zoning Commission
recommended conditions to be placed within a development agreement.
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 design
review, preliminary and final plat reviews, condominium plat reviews and/or any conditional use
penn its, 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 date stamped by the City on May 19,2006, represents the Owner's current
concept for completion of Terrazza at Eagle River a residential condominium/townhouse
development. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur. If the City detennines 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.
3.3 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Pennitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design
Book (EASD Book). Architecture styles and building design elements that are not shown with the
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EASD Book will not be pennitted.
3.4 The applicant shall submit a Design Review application for the site (as required by Eagle City
Code) and shall comply with all conditions required by the City of Eagle as a part of the Design
Review prior to issuance of a zoning certificate.
3.5 Development of the Property will be pennitted through the Design Review process and future
conditional use pennits for the residential development will not be required excluding any height
exceptions that may be requested. Height exceptions shall require a conditional use penn it.
3.6 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) Provide that the association(s) shall have the duty to maintain and operate all of the
common landscape areas in the subdivision and access easement to 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.
(b) A requirement insuring compliance with Mediterranean design consistent with the
attached elevations (Exhibit "D") approved with this Agreement and as approved with
Design Review.
(c) A requirement for all fencing within the development to be open-style three foot (3 ') high
wrought iron fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be
prohibited.
(d) Parking shall only be allowed in the designated parking areas or the garage units of the
residential dwellings.
(e) A requirement stating the maintenance of the access easement from East Riverside Drive
shall be the responsibility of the Terrazza at Eagle River.
3.7 The applicant shall place a note on the condominium 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 shall include a similar statement regarding the common areas) for
review and approval by the City attorney prior to the approval of a condominium plat.
3.8 As provided by the applicant, "Mediterranean Theme" shall be the required architecture standard
for the development. Architectural examples of the above descriptive language are attached hereto
as Exhibit D. Eagle Design Review Board and Eagle City Council approval of the detailed
architectural plans of the structures, landscaping and any proposed signage for the development is
required prior to the issuance of any building penn its. To assure compliance with this condition,
the applicant shall create an architectural control committee (ACe) as a component of the
development's CC&R's. Provisions regarding the creation and operating procedures ofthe ACC
shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to
the approval of a condominium plat or issuance of a zoning certificate, whichever occurs first.
The submittal of a building permit application to the City for all buildings within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
pennit applications that do not have an approval letter attached will not be accepted.
3.9 Provide a site plan for Design Review approval showing pedestrian pathways to be located on both
sides of the driveway throughout the development prior to submitting a Design Review
application.
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3.10 The Conceptual Plan shows the locations for all buildings within the development. The Setbacks
shall be as follows:
. Front (North Property Line)
. Sides (East and West Property Line)
. Rear (South Property Line)
20 Feet
15 Feet
20 Feet
3.11 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
issuance of any building penn its. 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 penn its.
3.12 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 Anny Corps of Engineers,
Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if
app 1 icable), Ada County, 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 rules and regulations pertaining to regulated
wetlands.
3.13 Applicant shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum twelve foot (12 ') 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 prior to submittal of a
design review application. The asphalt pathway shall be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)
(2). The instrument number of the recorded easement or easements shall be referenced on the face
of the plat for Terrazza Condominiums, upon recordation of the condominium plat(s) wherein the
pathway is located. Other than any pathways approved by Eagle, development within the
Floodway and the open space area between Terrazza at Eagle River and the Boise River shall be
prohibited.
3.14 Applicant shall provide a center common area plaza 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 issuance of a zoning certificate.
3.15 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of a Design review application. The plans shall show how the
lights will facilitate the "Dark Sky" concept of lighting.
3.16 The applicant shall provide documentation of an approved 404- Pennit for work within any
wetlands on site prior to the City issuing a zoning certificate for the property.
3.17 Applicant shall provide pedestrian and bicycle public access from Riverside Drive to the paved
greenbelt pathway along the Boise River and as required in the Eagle Comprehensive Plan and to
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be reviewed and approved by the Eagle Parks and Pathway Development Committee and the
Design Review Board prior to the issuance of a zoning certificate for the property.
3.18 The Property is designed to allow for access connecting this Property to East Riverside Drive
utilizing an existing perpetual access easement which crosses near the east end of Reid Merrill
Park and East Riverside Drive. As shown on the Concept Plan, the easement will be improved
with an access drive, landscape island, overflow parking for Reid Merrill Park and extensive
landscaping. The existing Ballantyne Canal shall be piped and covered to accommodate parking
for Reid Merrill Park adjacent to the entrance driveway. Maintenance of the easement shall be
conducted by Applicant and/or the owners' association of Terrazza at Eagle River. The applicant
shall provide a note on the plat stating the maintenance of the access easement from East Riverside
Drive shall be the responsibility of the Terrazza at Eagle River.
3.19 City of Eagle approvals shall be subject to any FEMA requirements.
3.20 The applicant shall tile the Ballantyne Irrigation Ditch within the subject property and access
easement as required by the Ballantyne Irrigation Ditch Company prior to the issuance of a zoning
certificate.
3.21 Applicant needs to submit letters from the Eagle Water Company and the Department of
Environmental Quality (Boise Regional Office) indicating potable water service has been
approved to serve the site prior to the issuance of a building pennit for the property.
3.22 All construction equipment stored on the site shall be removed prior to the City recording the
ordinance for the annexation of the property.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held from 6:00-7:00 PM, May 9,2006 at 462 E Shore Drive, Suite 100,
Eagle, Idaho, at the office to the Land Group, Inc., in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of Eagle
February 16,2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on April 1,2006. Notice ofthis public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on March 31, 2006. The site was posted in accordance
with the Eagle City Code on April 4, 2006. Requests for agencies' reviews were transmitted on
February 21,2006, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on June 26,2006.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) ofthe
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on June 21, 2006.The site was posted in accordance with the Eagle City Code on June 8,
2006.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-I-06) with
regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the
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infonnation provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA is consistent with the Mixed Use
designation on the Comprehensive Plan Land Use map;
b. The requested zoning designation of MU-DA Mixed Use is appropriate for the
site since the areas surrounding the site to the north, east and west are currently
designated Mixed Use on the Land Use Map adopted September 14,2004 and are
currently developed as Mixed Use to the north and west;
c. The infonnation provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve any and all uses allowed on this property under
the proposed zone;
d. The proposed MU Mixed Use zone is compatible with the R-2-DA-P (Residential
Planned Unit Development- two units per acre with development agreement) zone
to the south since that site is currently developed with residential and the proposed
development provides for townhouses to be adjacent to this development with the
river and flood way area to provide a buffer due to density of the proposed
development;
e. The land proposed for rezone is located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan. The southern portion of the site lies
within the Boise River Floodplain area. The development of the site will be
required to meet the requirements of ECC, Title 10, Flood Control.
f. No non-confonning uses will be created by this rezone.
DATED this 25th day of July 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Sharon . Bergmann, Eagle City lerk
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Recording Requested By and
When Recorded Return to:
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 Eagle Partners, LLC, an Idaho limited liability company ("Applicant").
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 Applicant is the owner of record of certain real estate located southeast
of Merrill Park and adjacent to the southern boundary of Merrill Park approximately 250 feet east
of the intersection of Shore and Riverside Drive, Eagle, Idaho, ("Property"), as specifically
defined in the attached legal description (Exhibit A) which is the subject of an application for
Rezone identified as Rezone Application No. RZ-OI-06; 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 C ("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 adverse impacts
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of the development upon neighboring properties and the existing community and ensuring the
Property is 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 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)(I); and
WHEREFORE, the 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:
ARTICLE I
LEGAL AUTHORITY
1.1 This Development Agreement is made pursuant to and in accordance with the provisions
ofIdaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
2.1 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 OF DEVELOPMENT
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
design review, preliminary and final plat reviews, condominium 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.
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3.2 The Concept Plan date stamped by the City on May 19,2006, represents the Owner's
current concept for completion of Terrazza at Eagle River a residential
condominium/townhouse development. 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.
3.3 All buildings shall be designed in compliance with Eagle City Code Section 8-2A.
Permitted architecture styles are specifically those shown within the Eagle Architecture
and Site Design Book (EASD Book). Architecture styles and building design elements
that are not shown with the EASD Book will not be permitted.
3.4 The applicant shall submit a Design Review application for the site (as required by Eagle
City Code) and shall comply with all conditions required by the City of Eagle as a part of
the Design Review prior to issuance of a zoning certificate.
3.5 Development of the Property will be permitted through the Design Review process and
future conditional use permits for the residential development will not be required
excluding any height exceptions that may be requested. Height exceptions shall require a
conditional use permit.
3.6 The conditions, covenants and restrictions for the Property shall contain at least the
following:
(a) Provide that the association(s) shall have the duty to maintain and operate all of
the common landscape areas in the subdivision and access easement to 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.
(b) A requirement insuring compliance with Mediterranean design consistent with the
attached elevations (Exhibit "D") approved with this Agreement and as approved
with Design Review.
(c) A requirement for all fencing within the development to be open-style three foot
(3 ') high wrought iron fencing. All other fencing (i.e. cedar fencing, vinyl,
chainlink) shall be prohibited.
(d) Parking shall only be allowed in the designated parking areas or the garage units
ofthe residential dwellings.
(e) A requirement stating the maintenance of the access easement from East Riverside
Drive shall be the responsibility of the Terrazza at Eagle River.
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3.7 The applicant shall place a note on the condominium 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 shall include a similar statement regarding the
common areas) for review and approval by the City attorney prior to the approval of a
condominium plat.
3.8 As provided by the applicant, "Mediterranean Theme" shall be the required architecture
standard for the development. Architectural examples of the above descriptive language
are attached hereto as Exhibit D. Eagle Design Review Board and Eagle City Council
approval ofthe detailed architectural plans of the structures, landscaping and any
proposed signage 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 CC&R'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 a condominium plat or issuance of a zoning certificate, whichever occurs
first.
The submittal of a building permit application to the City for 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.
3.9 Provide a site plan for Design Review approval showing pedestrian pathways to be located
on both sides of the driveway throughout the development prior to submitting a Design
Review application.
3.10 The Conceptual Plan shows the locations for all buildings within the development. The
Setbacks shall be as follows:
. Front (North Property Line) 20 Feet
. Sides (East and West Property Line) 15 Feet
. Rear (South Property Line) 20 Feet
3.11 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 issuance of any building permits. 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.
3.12 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 Army
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Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho
Department of Water Resources (ifapp1icable), Ada County, 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 rules and regulations pertaining to regulated wetlands.
3.13 Applicant shall provide and construct, in accordance with the provisions of Eagle City
Code Section 9-4-1-6, a minimum twelve foot (12') 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 prior to submittal of a design review application. The asphalt pathway shall be
located in a recorded easement or easements dedicated to and accepted by Eagle as
provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the
recorded easement or easements shall be referenced on the face of the plat for Terrazza
Condominiums, upon recordation of the condominium plat(s) wherein the pathway is
located_ Other than any pathways approved by Eagle, development within the Floodway
and the open space area between Terrazza at Eagle River and the Boise River shall be
prohibited.
3.14 Applicant shall provide a center common area plaza 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 omamentallighting
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 issuance
of a zoning certificate_
3.15 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of a Design review application. The plans shall show
how the lights will facilitate the "Dark Sky" concept of lighting.
3.16 The applicant shall provide documentation ofan approved 404-Permit for work within any
wetlands on site prior to the City issuing a zoning certificate for the property.
3.17 Applicant shall provide pedestrian and bicycle public access from Riverside Drive to the
paved greenbelt pathway along the Boise River and as required in the Eagle
Comprehensive Plan and to be reviewed and approved by the Eagle Parks and Pathway
Development Committee and the Design Review Board prior to the issuance of a zoning
certificate for the property.
3.18 The Property is designed to allow for access connecting this Property to East Riverside
Drive utilizing an existing perpetual access easement which crosses near the east end of
Reid Merrill Park and East Riverside Drive. As shown on the Concept Plan, the easement
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will be improved with an access drive, landscape island, overflow parking for Reid
Merrill Park and extensive landscaping. The existing Ballantyne Canal shall be piped and
covered to accommodate parking for Reid Merrill Park adjacent to the entrance driveway.
Maintenance of the easement shall be conducted by Applicant and/or the owners'
association of Terrazza at Eagle River. The applicant shall provide a note on the plat
stating the maintenance of the access easement from East Riverside Drive shall be the
responsibility of the Terrazza at Eagle River.
3.19 City of Eagle approvals shall be subject to any FEMA requirements.
3.20 The applicant shall tile the Ballantyne Irrigation Ditch within the subject property and
access easement as required by the Ballantyne Irrigation Ditch Company prior to the
issuance of a zoning certificate.
3.21 Applicant needs to submit letters from the Eagle Water Company and the Department of
Environmental Quality (Boise Regional Office) indicating potable water service has been
approved to serve the site prior to the issuance of a building permit for the property.
3.22 All construction equipment stored on the site shall be removed prior to the City recording
the ordinance for the annexation of the property.
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 67-6511A 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 oflaw 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.
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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) zoning 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 ofthe 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 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
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only
after complying with the notice and hearing provisions ofIdaho 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.
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8.3 Choice of Law. This Development Agreement shall be construed in accordance with the
laws of the State ofIdaho in effect at the time ofthe 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 St.
Eagle, Idaho 83616
Owner:
River View Condominiums, L.L.C.:
1045 W. Ancona Avenue, Suite 140
Eagle, ID 83616
Phone: (208) 938-6037
Fax: (208) 938-6034
Malletta & Brownstone LLC:
13095 N Andy's Gulch
Boise, ID 83703
Phone: (208) 938-5115
Fax: (208) 229-0629
Phone: (406) 541-9000
Fax: (406) 541-9001
With a copy to:
Brownstone Capital, Inc.
430 N. Ryman, 2nd Floor
Missoula, MT 59802
Fax: (406) 541-9001
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt ifby 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.
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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 Conditions of Development or
after 7-years after the Effective Date, whichever occurs 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:
Nancy C. Merrill, Mayor
ATTEST:
Sharon K. Bergmann, City Clerk
Eagle Partners, LLC, an Idaho limited liability
company
By: River View Condominiums, L.L.C.,
Shannon Robnett, Project Manager
By: Malletta & Brownstone, LLC, an Idaho limited
liability company
John B. Malletta, Member
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STATE OF IDAHO )
) ss.
County of Ada )
On this _ day of , 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared Nancy C. Merrill, known or identified to me to
be the Mayor of the City of Eagle, the municipal corporation that executed the instrument or the
person who executed the instrument on behalf of said municipal corporation, and acknowledged
to me that such municipal corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires
ST ATE OF IDAHO )
) ss.
County of Ada )
On this _ day of , 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared John B. Malletta, known or identified to me to
be a Member of Malletta & Brownstone, LLC, the Idaho limited liability company that executed
the within and foregoing instrument, or the person who executed the instrument on behalf of said
Idaho limited liability company, and acknowledged to me that such Idaho limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires:
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STATE OF IDAHO )
) ss.
County of Ada )
On this _ day of , 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared Shannon Robnett, known or identified to me to
be the Project Manager of River View Condominiums, L.L.C., the Idaho limited liability
company that executed the within and foregoing instrument, or the person who executed the
instrument on behalf of said Idaho limited liability company, and acknowledged to me that such
Idaho limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires:
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