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Findings - PZ - 2007 - A-17-06 & RZ-23-06 - A/Rz From Rut To R-E-Da/18.85 Acre/2650 N Meridian Rd/2421 N Meridian Road ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) AN ANNEXATION AND REZONE FROM RUT ) (RURAL URBAN TRANSITION) TO R-E-DA ) (RESIDENTIAL ESTATES WITH A DEVELOPMENT ) AGREEMENT) FOR DAVE CALLISTER ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-17-06 & RZ-23-06 The above-entitled annexation and rezone application came before the Eagle City Council for their recommendation on February 13,2007. The Commission, 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: Dave Callister, represented by Penelope L. Riley, is requesting approval of an annexation and a rezone from RUT (Rural Urban Transition) to R-E-DA (Residential Estates with a Development Agreement). The 18.85-acre site is comprised of two properties located on the east and west sides of North Meridian Road between Beacon Light and Floating Feather Road at 2650 North Meridian Road and 2421 North Meridian Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle City Code at 6:30 PM, November 7, 2006. The annexation and rezone applications for this item were received by the City of Eagle on November 13, 2006. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 2, 2007. 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 December 27, 2006. The site was posted in accordance with the Eagle City Code on January 9, 2007. Requests for agencies' reviews were transmitted on November 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 January 29, 2007. 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 January 23, 2007. The site was posted in accordance with the Eagle City Code on January 30, 2007. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA E. COMPANION APPLICATIONS: None Page 1 of 8 K:\Planning DepllEagle ApplicalionsIRZ&AI2006\RZ-23-06 & A-17-06 Chester ccr.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two (2 units RUT (Rural Urban Single Family Dwelling & per acre maximum) and Transition-Ada County Agricultural Uses Residential Estates Designation) Proposed No Change R-E-DA (Residential No Change Estates with a Development Agreement) North of site Residential Two (2 units RUT (Rural Urban Single Family, Scotch per acre maximum) and Transition-Ada County Subdivision Residential Estates Designation) South of site Residential Two (2 units RUT (Rural Urban Single Family Dwelling & per acre maximum) and Transition-Ada County Agricultural Uses Residential Estates Designation) East of site Residential Estates RUT (Rural Urban Single Family Dwelling & Transition-Ada County Agricultural Uses Designation) West ofsite Residential Two (2 unit per RUT (Rural Urban Residential acre maximum) Transition-Ada County Designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. TOTAL ACREAGE OF SITE: The property located on the west side of N. Meridian Road (2421 N. Meridian Road) is .95-acres in size; the property located on the east side of N. Meridian Road (2650 N. Meridian Road) is 17.90-acres in size. The total area for this proposed annexation and rezone is 18. 85-acres. I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See justification letter (attached to the staff report), dated November 13, 2006, provided by the applicant. J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): The City is requesting a development agreement to ensure the development of the property is consistent with the Comprehensive Plan and vision of the City of Eagle. K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The letter from the Eagle Sewer District states that the District has not annexed this property and central sewer service is currently not reasonably accessible. United Water Company has stated in a letter to the City that this site is serviceable. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. M. NON-CONFORMING USES: Page 2 of 8 K:\Planning DepllEagle Applications\RZ&A\2006\RZ-23-06 & A-17-06 Chester ccf.doc There are two eXlstmg houses that will remain on the property. The development agreement addresses conformity to the R-E district regulations. N. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: Ada County Highway District Central District Health Department Chevron Pipeline Department of Environmental Quality Eagle Sewer District Idaho Power Company United Water O. LETTERS FROM THE PUBLIC: None received to date. 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 designates this site as Residential Estate and Residential Two. o Residential Estate is suitable primarily for single-family residential development on acreages may be in transition from agricultural to residential use or may combine small scale agricultural uses with residential uses o Residential Two is suitable primarily for single family residential development within areas that are rural in character. 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 come the need for increased public services and the necessity to improve existing service delivery systems. Policies concerning the manner in which public utilities and services are expanded play 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 affect the community. 4.3 Goal c. Maintain a sense of personal safety and security for all residents. d. Strive to prevent and extinguish fires and aid in other emergencies dealing with the protection of life or property. 4.4 Objectives e. To encourage a high standard of fire protection and emergency services Page 3 of 8 K:\Planning DeptlEagle Applications\RZ&AI2006\RZ-23-06 & A-17-06 Chester ccf.doc . SOARING 2025 WESTERN AREA PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 5 Transportation 5.3 Implementation Strategies i. New developments shall be required to stub access to adjacent underdeveloped parcels, where appropriate. j. All new developments shall be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS: Zoning M~imnm rrontl r'~1 In~rim District Height Side IR-E 1135' I ~ ~ 120' Minimum Lot Width Street Side Maximum Lot Covered Minimum Lot Area (Acres Or Sq. Ft.) 111.8 acres 1~120% 11100' C. DISCUSSION: . The Eagle Comprehensive Plan Land Use Map designates the property located on the east side of N. Meridian Road as "Residential Estates". The Eagle Comprehensive Plan Land Use Map designates the property located on the west side of North Meridian Road as "Residential Two". . Redevelopment of the .95-acre property located on the west side of North Meridian Road is not proposed, however, redevelopment of the 17. 9-acre property located on the east side of North Meridian Road is proposed (tentative plat called Chester Subdivision - has not been submitted to the City to date). The applicant has indicated that Chester Subdivision will be submitted in the near future. . Vehicle access from North Meridian Road to the two existing structures is achieved through the use of two separate existing driveways (as noted on the aerial map submitted with this application). Upon redevelopment of this site, the two driveway accesses onto North Meridian Road should be abandoned and access for the structures should be provided via the internal streets of any proposed subdivision. The driveways should be removed prior to the issuance of any building permits for new homes within any subdivision on the property. . In a letter date stamped by the City on December 7, 2006, the Eagle Sewer District noted that this property is not located in their district's boundaries and a timeline for service has not been established. To accommodate connections to sewer service in the future, any homes constructed on the site should be constructed with sewer stubs on the street-side of the home. Page 4 of 8 K:\Planning DeptlEagle ApplicationslRZ&AI2006\RZ-23-06 & A-17-06 Chester ccf.doc . As indicated in correspondence from United Water, central water service is available to the site. The existing residential structures (located at 2421 North Meridian Road and 2560 North Meridian Road) should be required to connect to central water prior to the city clerk signing any final plat for any subdivision on the property or prior to the issuance of any building permits, which ever occurs first. Upon connection to central water, the existing wells should be abandoned. Central District Health Department approval is required for the abandonment of the existing wells on the property. . With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information 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 R-E (one unit per two acres) zoning designation is equal to or less than the Residential Estates and Residential Two shown on the Comprehensive Plan Land Use Map; b. The information 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 - central water is proposed to be served by United Water and sewer disposal is proposed thought the use of individual septic systems; c. The proposed R-E zone (one unit per two acres maximum) is compatible with the RUT (Rural Urban Transition - Ada County designation) and land uses to the east; d. The proposed R-E zone (one unit per two acres maximum) is compatible with the RUT zone (Rural Urban Transition - Ada County designation) to the west; e. The proposed R-E zone (one unit per two acres maximum) is compatible with the RUT (Rural Urban Transition - Ada County designation) and land uses to the north; f. The proposed R-E zone (one unit per two acres maximum) is compatible with the RUT (Rural Urban Transition - Ada County designation) and land uses to the south; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the requested annexation and rezone with the conditions of approval to be placed within a development agreement as noted within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on January 22, 2007, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. Page 5 of 8 K:\Planning DepllEagle ApplicationsIRZ&AI2006\RZ-23-06 & A-17-06 CheSler ccf.doc B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by Nancy McPherson, 2700 N. Meridian Road. She has property adjacent to the development and does not want to look at a subdivision out her back pasture, and discussed irrigation issues; and by Sharon Prindle at 2731 N. Hollybrook Place, who has property on five (5) acres and is concerned that there will be issues with a zoning change in an agricultural area. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of A-17-06 & RZ-23-06 for an annexation and rezone with a development agreement from RUT (Rural Urban Transition - Ada County designation) to R-E-DA (Residential Estates with a development agreement) for Dave Callister with the following staff recommended conditions to be placed within a development agreement with underlined text to be added by the commission and text shown with strike through to be deleted by the commission. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on February 13, 2007, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. Council member Bastian moved to approve A-17-06 & RZ-23-06. Council member Bandy moved to amend the motion to strike condition number four (4) and to modify condition number five (5) so that the address will read 2650. B. Oral testimony in opposition to this proposal was presented to the City Council by no one. C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the app lican tJrepresentati ve). COUNCIL DECISION: The Council voted 3 to 0 (Nordstrom absent) to of A-17-06 & RZ-23-06 for an annexation and rezone with a development agreement from RUT (Rural Urban Transition - Ada County designation) to R-E- DA (Residential Estates with a development agreement) for Dave Callister with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval. 1. The maximum overall density of the property shall not exceed one (1) unit per two (2) acres. 2. Upon redevelopment of this site, the tv/e ariveway aeeesses eRte H MeriaiaR Reaa shall Be aBElfIaeRea aRa aeeess fer the stmetliF6S shall be preyiaea via the iRtemal streets Bf liBY prepesea sliBaiyisieR. the driveway access to the existing garage at 2650 North Meridian Road shall be abandoned. The driveways shall be removed prior to the issuance of any building permits for new homes within any subdivision on the property. 3. Any homes constructed on the site shall be constructed with sewer stubs eR the street siae ef the heme to be located at the foundation of the house, on the street side. 4. The eKistiRg resiaeRtial slfl1eHires (leeatea at 2421 Nerth MeriaiRR Reaa aRa 25€iO NBrth MeriaiaR Read) shall Be F6€jliirea te eeRReet te eelltral water prier te the eity elerll sigRiRg aRY final plat fer allY sliBajyisieH eR the pfBperty or J'lrier te the issliaRee ef allY BliilaiRg permits, Page 6 of 8 K:\Planning DeptlEagJe Applications\RZ&AI2006\RZ-23-06 & A-17-06 Chester ccf.doc whish ever eeSlirs fifGt. 5. Upon connection to central water, the existing wells for the property located at ~ 2650 North Meridian Road and 2421 North Meridian Road shall be abandoned. Central District Health Department approval is required for the abandonment of the existing wells on the property. 6. The existing structure (located at 2421 North Meridian Road) shall be reauired to connect to central water upon failure of the well. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on November 13, 2006. 2. Notice of Public Hearing on the application for the Eagle City Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 2, 2007. 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 December 23, 2006. The site was posted in accordance with the Eagle City Code on January 12, 2007. Requests for agencies' reviews were transmitted on November 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 January 29, 2007. 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 January 23, 2007. The site was posted in accordance with the Eagle City Code on January 30, 2007. 3. The City Council reviewed the particular facts and circumstances of this proposed annexation and rezone (RZ-23-06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information 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 R-E-DA (Residential Estates with a Development Agreement) is equal to or less than the Residential Two classification shown on the Comprehensive Plan Land Use Map; b. The information 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 as conditioned in the development agreement (central water, individual septic systems), to serve all uses allowed on this property under the proposed zone; c. The proposed R-E-DA (Residential Estates with a Development Agreement) is compatible with the R-E (Residential Estates) zoning district to the south and east since the land uses have the same zoning designations as this site, and are developed with lots of similar size; d. The proposed R-E-DA (Residential Estates with a Development Agreement) is compatible with the R-2-DA (Residential, up to two units per acre with a Development Agreement) zone and land uses to the north and west since these lands have the same Comprehensive Plan designation and the perimeter lots of the future subdivision will be developed with lots of similar size; e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described Page 7 of 8 K:\Planning DepllEagle Applications\RZ&AI2006\RZ-23-06 & A-17-06 CheSler ccf.doc within the Comprehensive Plan; and f. No non-conforming uses are expected to be created with this rezone because the applicant will be required (as conditioned within the development agreement) to remove all structures from the site that do not comply with the setbacks of the R-E (Residential Estates) zoning district regulations. DATED this 5th day of February 2006. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ATTEST: a............... OF E40..... 4\'""'..........: J:~ "",4' :: (;.... ~\'OR-1 r.... \ . :,0 ~ \ . -"" ... 5 * : ........ : .. AL ~. ;, \.~ SE ~~:O -:. e.0 .G.'Q . ...~ ..... U' ..OIlPOR"''i.~..~... ,,#)'t ........ '" ..........~ 7'8 Of \~ I.,..........' Page 8 of 8 K:\Planning DeptlEagle Applications\RZ&AI2006\RZ-23-06 & A-17-06 CheSler ccfdoc Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreernent, 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 Dave Callister ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate located at 2421 and 2650 North Meridian Road, 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-23-06; and WHEREAS, the proposed developrnent includes properties within an area currently zoned RUT (Rural Urban Transition, Ada County designation); and WHEREAS, the Applicant desires a R-E (Residential, up one unit per two acres) zoning classification to develop a Residential use on the above described property, which is herein referred to as the "Property"; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any Residential project upon the Property rnust be Iirnited to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Developrnent Agreernent is to protect the rights of Applicant's use and enjoyrnent of the Property while at the same tirne limiting any adverse irnpacts 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 developrnent of the Property and has consented to an R-E (Residential, up Page lof6 K:\Planning Dept\Eagle Applications\RZ&A \2006\RZ-23-06 & A-17-06 Ch<,.". da ("aff",<).doc to one unit per two acres) zoning designation for the Property with the requirernents set forth in this Developrnent Agreement; and WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the Property to a Developrnent Agreernent 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 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property that is the subject of the application to an R-E (Residential. UP to one unit per two acres) zoning designation, 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 Developrnent Agreernent. ARTICLE II CONDITIONS OF DEVELOPMENT 2.1 The developrnent shall cornply with the Eagle City Code, as it exists in final form at the time a building permit is submitted, along all with all of the conditions as provided within this developrnent agreement. 2.2 The rnaxirnum overall density of the property shall not exceed one (1) unit per two (2) acres. 2.3 Any homes constructed on the site shall be constructed with sewer stubs to be located at the foundation of the house, on the street side. 2.4 Upon redeveloprnent of this site, the driveway access to the existing garage at 2650 North Meridian Road shall be abandoned. The driveway shall be removed prior to the issuance of any building permits for new homes within any subdivision on the property. 2.5 Upon connection to central water, the existing wells for the property located at 2650 North Meridian Road and 2421 North Meridian Road shall be abandoned. Central District Health Department approval is required for the abandonment of the existing wells on the property. 2.6 The existing structures located at 2421 and 2650 North Meridian Road shall be required to connect to central water upon failure of wells. Page 2 of6 K:\Planning Dept\Eagle Applications\RZ&A \2006\RZ- 23-06 & A-I7-06 C"',,~ da ("ajf =).doc ARTICLE III AFFIDAVIT OF PROPERTY OWNERS 3.1 An affidavit of all owners of the Property agreeing to subrnit the Property to this Developrnent Agreernent 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 IV DEFAULT 4.1 In the event the Applicant fails to comply with the cornrnitrnents 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 rernedies, to cure such default or enjoin such violation and otherwise enforce the requirernents contained in this Developrnent Agreement or to terminate the Developrnent Agreement following the process established in Eagle City Code Section 8-10-1. 4.2 If required to proceed in a court of law or equity to enforce any provision of this Developrnent Agreernent, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the cornrnitments contained in this Developrnent Agreement, including attorneys' fees and court costs. ARTICLE V UNENFORCEABLE PROVISIONS 5.1 If any term, provision, cornmitrnent, or restriction of this Developrnent Agreernent or the application thereof to any party or circurnstances 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 RUT (Rural Urban Transition - Ada County zoning designation unless the portion of this instrurnent determined to be invalid or unenforceable is re-negotiated in good faith between the Applicant (or other appropriate party) and Eagle as an amendrnent to the Development Agreernent 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 VI ASSIGNMENT AND TRANSFER Page 3 of 6 K:\Planning Dept\Eagle Applications\RZ&A \2006\RZ-23-06 & A-17-06 Ch,"'e< "" ("affve<) doc 6.1 After its execution, the Developrnent Agreernent shall be recorded in the office of the County Recorder at the expense of the Applicant. Each comrnitrnent and restriction on the developrnent 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 Developrnent Agreement shall be binding on the Applicant and owners, and their respective heirs, adrninistrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the developrnent is sold, the sellers shall thereupon be released and discharged frorn 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 lirnitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitrnents and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE VII GENERAL MA TIERS 7.1 Amendrnents. Any alteration or change to this Development Agreernent shall be rnade 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. 7.2 Paragraph Headings. This Developrnent 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 Agreernent. As used in this Developrnent Agreernent, masculine, feminine or neuter gender and the singular or plural nurnber shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Developrnent Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the tirne of the execution of this Developrnent Agreement. Any action brought in connection with this Development Agreernent shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Developrnent Agreement and that neither party shall have been deerned to have been the draftor of this agreernent. 7.5 Notices. Any notice which a party rnay desire to give to another party must be in writing and rnay 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; Page 4 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2006\RZ-23-06 & A-17-06Ch<"" d. ("'/"").doc Eagle: City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Owner: Dave Callister 3681 North Locust Grove Road, Suite 100 Meridian, Idaho 83642 Or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deerned given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States rnail, if sent by rnail pursuant to the foregoing, or twenty- four (24) hours after tirnely deposit with a reputable overnight delivery service. 7.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreernent by both parties. 7.7 Termination. This agreernent terminates upon cornpletion of Conditions of Developrnent 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 ,2005. CITY OF EAGLE, a rnunicipal corporation organized and existing under the laws of the State of Idaho By: Nancy C. Merrill, Mayor A TrEST: Sharon K. Bergrnann, City Clerk By: (Owner's) Page 5 of 6 K:\Planning Dept\Eagle Applications\RZ&A\2006\RZ-23-06 & A-17-06Cho,'" d'C,taff",)doc STATEOFIDAHO ) : 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 rne that said City executed the sarne. 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 Comrnission 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 rne to be the owners of the property referenced herein. and the persons who executed the foregoing instrurnent. 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 6 of 6 K:\Planning Dept\Eagle Applications\RZ&A \2006\RZ-23-06 & A-17-06 c....""'" (".Jh",)."""