Development Agreement - 2007 - Storage 55 - 11/19/2007
ADA COUNTY RECORr- I. DAVID NAVARRO
BOISE IDAHO 1211310'/ ..49 PM
DEPUTY Patti Thompson
RECORDED - REQUEST OF
City 01 Eagle
AMOUNT
.00
10
1111111111111111111111111111111 " 1111
107164795
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 Agreement, made and entered into on the date as indicated herein, by and
between the City of Eagle, a municipal corporation in the State ofldaho ("Eagle"), by and through its
Mayor, and Jeffery Mower. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 2871 E. Hill
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-05-07; and
WHEREAS, the proposed development includes properties within an area currently zoned A-R
(Agricultural-Residential); and
WHEREAS, the Applicant desires a BP-DA (Business Park with a development agreement)
zoning classification to develop a self storage facility 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 commercial project upon the Property must be limited with the use of a development
agreement 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 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 BP-DA (Business Park with a
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)( 1); and
Page 1 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-05-07 da cc fill ver.doc
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
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property that is the
subject of the application to a BP-DA (Business Park with a development agreement) 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
Development Agreement.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the Business Park District ("BP-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 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B") and Building Elevation Plans
(Exhibit "C") represents the Owner's current concept for completion of the project. As the Concept
Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the
City determines that any such changes require additional public comment due to potential impacts on
surrounding property or the community, a public hearing shall be held on any proposed changes in
the Concept Plan, notice shall be provided as may be required by the City.
3.2 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Business Park District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever the
case may be) is made for individual building use.
All uses shown as "P" permitted under the BP zoning designation within Eagle City Code Section 8-
2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "c" conditional uses under the MU zoning designation shall require a conditional use
perm it.
The following use which is shown as "c" conditional uses under the MU zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses
on the Property:
· Storage (enclosed building)
Page 2 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-05-07 da cc fill ver.doc
3.3 The Applicant shall remove the residence and all accessory (secondary) structures from the site prior
to the issuance of any building permits for the site. Demolition permits shall be obtained prior to the
removal of said buildings.
3.4 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed garages, the
facility is permitted to store said vehicles in excess of the maximum 20% allowed by Eagle City
Code.
3.5 The driveway providing access to East Hill Road approximately thirty feet (30') west of the eastern
boundary shall be used for emergency access only by securing the access with a wrought iron gate.
3.6 Landscape buffering and siting of the self-storage facility shall be designed to mitigate the effects of
the development on adjacent residences. All new construction shall be setback from the eastern and
southern property lines a minimum often-feet (10') and those setback areas shall be landscaped with
dense plant material to be reviewed and approved by design review.
3.7 The building configuration (footprint) shall remain substantially as shown on the attached Site Plan
(Exhibit "B").
3.8 The design of the self-storage facility shall incorporate architectural elements (materials, colors,
appurtenances) upon the building walls, with an emphasis on those facing Hill Road to deter the
construction of a monoplane structure and shall remain substantially as shown on the attached
Building Elevation Plans (Exhibit "C"). No portion of any building shall exceed 35-feet in height,
as measured from the foundation to the peak of the roof.
3.9 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk along Hill Road
abutting the northern boundary of the site.
3.10 The Applicant shall submit a Design Review application for the site to the Design Review Board
for review and approval prior to the issuance of any building permits.
3.11 The development shall comply with the Eagle City Code, as it exists in final form at the time an
application is made and the conditions within this agreement shall be satisfied.
3.12 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 a building permit for this site.
3.13 The applicant shall obtain permission of the property owner to the south so that the fence on the
southern property line may be repaired (if permission is not granted, then the repairs noted herein
shall not be required). The fence shall be repaired to ensure that posts are located on the property
line, the panels are tightened so as to not bow out, and the panels are secured to the fence posts with
a minimum of three metal tie downs per post.
3.14 The City will not adopt an ordinance to rezone the property until the property line dispute is resolved
regarding the southern boundary line adjacent to the property located at 9605 North Horseshoe Bend
Road.
Page 3 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-05-07 da cc fill ver.doc
ARTICLE IV
AFFIDA VIT OF PROPERTY OWNERS
An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement
and to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 shall
be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Applicant fails to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development Agreement
following the process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin
such default and to enforce the commitments contained in this Development Agreement, including
attorneys' fees and court costs.
5.3 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 ofldaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this 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 nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Applicants
(or other appropriate party) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Applicant. Each commitment and restriction on the development shall be a burden on
the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the 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
Page 4 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-05-07 da cc fill ver.doc
representatives, successors, and assigns; provided, however, that if all or any portion ofthe 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
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions ofldaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
7.2 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.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws ofthe
State ofldaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
7.4 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.
7.5 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
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Jeffery Mower
3306 S. Heritage Ave.
Boise, ID 83709
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.
Page 5 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-05-07 da cc fill ver.doc
7.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
7.7 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.
DA TED this -I q~y of a~lJtlVt&;p.007.
ATTEST:
................
"., ~AGLii ....
, O~ ........ ".
:' -".. ....
~ L-." O,-ATJi... "0:,
-~. .. ...
= ..... LL' ,...
: U: 0.... , -: ':
.. · u ,. "'. :;;. 0 :
:, h.. y_e .
; ,. c.~r' ~/::r: 1
..... " ......:"it"=
~ ..~"'C'OR"O~... ...~ ~
." ....... ~ ~ ~
"" $]' ATE 0 ...........
"""""11"""
STATE OF IDAHO )
: ss.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
~~
By: r
Nan C. iI , Ma or
BY~
Jeffe 0 r
14~
County of Ada )
On thiSIq.b day o~ ,2007, before the undersigned notary public in and for
the said state, personally appeared Nancy C, Merrill, known or identified to me to be the Mayor of the City
of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged
to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
Notary Public for Id ho
Residing at:
My Commission Expires:
Page 6 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-05-07 da cc fill ver.doc
STATE OF IDAHO )
: ss.
County of Ada )
On this I~ay of --fllJljti~ ,2007, before the undersigned notary public in and for
the said state, personally appeared Jeffery Mower, known or identified to me to be the owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
Page 7 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-05-07 da cc fill ver.doc
12/04/2007 21:10
2085853443
PAGE 02/02
P_4R.CE-L 1
A tr~ct ot'l~ in the Southeast Qua.."1J;I of Section. 1')7 T O~lI8l:ri.p' 4 NcrdI~ R.an? 1 P.;a,st,;,
&mse Meridian, Ada, C(r.;!flty, Idaho, ~ per-Jcu.lmJy dt8rribq.d f'M:l. fOl!0WS:
EXHIBIT "A"
COmtt:1cnc.ing ~! 1h~ Sm.lt.neast comer 1)1' SeC"J,on 1 0. Township 4 North" Range' 1 Ea:st.
Boise Meridian; thence
XOlth: liIong th<;: E$t; Iir.e' of Scct.~n 1 O~ a di~il::e- of 52 feet to ;a ~-Q.m!; the~C(.
N~rth69030' West alQa.g. the Sout...l1erly right.of way of HHi Road., a distance of 692.& feet
to the PO~'T OF BEG~'N!NG; thence due $Ol1t.'1 parallel ......i.th the East Section line of
Sectton. W, adistmce of 294,82 feet to' a pomt on ~ &-.uth lin.e o(Sectwn 10; ther~c
due East along the Si)u{h rin,(:; af ~\.-..u 10, 165. (Q f~~ to if point; ~~e- tlUf; North
pa..raUel W:4 the East lir~ Qf S~ti9n 1 0..1:. 4.i$~~ Qf 23.3.1 t feet to a pQin1 on the
SoutherlY ri ght (If way of Hill Road; thence
Ncr..h 6ge30-' WeSi: along the Southeriy right of ..."1t-y ct" Hill Road a dj~t!'ffi(;~ of J 76.19 feet
ro tOO REAL POINT OF B"EOINNlNG.
P /\itCa. 2-
A tract of land in the Sm.theast Quarter vf Section 10, Township -4 North, Rang..,; .t~:;;::.i,
So..~e Meridian, Acta COU,,"'lty, fdaho~ m.Qr~ patti~t.darl~f desc;:fbed. as foHows:
f" . oj c." ~ t's. - "!., "'" h - 4 N .. D~_ 1 l::
,__~\:a-nencmg.at!he ~olitIl';caA ~omer l)' ~ e~t;t,ln I " .nl&'USJ.lp .:. qnn., ~nge .l::ist,
Bi)i~ Meridian; them..">!;!
North along the East line (If S~,,-tion i 0 a djs~ of 52 feet to a frQint; the!'rce
Nort'>169030"V/est aicng the Somhedy rig..l1t of way of HilI Road, ~ di:s{cm('t: of692.~ reef
tc}.th..:- POINT OF BEfj.INNJNG~ thence ~or'lti,:tuing
North 69"'30' Wt::>"t aioog the Smxttlerly right ofw~) of Hill Road, adl.Sltllice d l45.2 feet
10- a. point; th,eoce due South paraHe! with the East line of Section 10, 3 disumc~ of 345.67
feet w ~ poin.t on the South line QfSootion iv; thence doo East ~Ofl.g t.t;.~ $-:)ufj i'in<: of
3~Gll it)~ 1-36.02 feet tv a: point; th.~~~. ~J.C Ncrt~ paranel withilie- East h.E..e of Seetion
! eJ' .... f ~n4 0 1;. .t.. l'> t:: A; DOf:--TT OF a-/'::.l'N'1\.TTIo..:( ~.
~.O, g. tstanc.... o. ,~~..:> "eerw. ute ~~ I:'_...L"I - . t:v~.. qp',,-,
RECEIVED & FILED
CITY OF EAGLE
DEe 0 5 2007
File:
Route to:
EXHIBIT "B"
- RECEIVEO-& FILED
CITY OF EAGLE
MAR G Cl 2007
File:---
o
:B Route to: -.-
!
r
. -- '-'T'~ 1.___=______.+ - 7 ~/ /
i ,: -, i ~: / I
I 'I . f .; / / I
I I I I J
: /j, illl
/.7 ! . !(; ./ //'
! ! ' ! Ii I JIIi / _'
! ! i - -~ ' I ~./ - !
, I ~ : /~-r
1531 ! i / / /
~i ~i----- 'II ~Ii i~'- ,11///:
~~. -i1 I ,t; --_Iif --t yf -iN-
sliU~1 [<111"1\ D111@1
I H i '-,-.~I /1 I i I I .. .:1; 1/Y
,~I ~,/1 I
IVI// "I ,__" /
_ ~ It.... l 1,1 /i
I " ~.T;' r1
I J '. <;~, "~ i
L ./ ~ ~:
I 1// /'r~~.YI' -j---.
/ I ---, ~ ~. a "
~ ' ' 'J~ ." !
_______.______n__~~~~ ~~.~~'---n----~~-~,~:~L!
",----,-,,..--,-,.,..----.. .
r::::::.:_:= .':",c
,'~ "'T: r
:::-
- .~~ '-0
~-:-~-
SO;f'.1759'}i/ 233.28' ~
o
~
.~~ ;
v--:--,:-;-.;'<__'.
t.. !!iJ
'U~
2 Ill!
''ffi1
:=i"ri
" ~.",
~~
~~
'='
~ "-......,
<_~:~c:-;~'-+,~:.~:f
~ If1ITD~/
~ II: ';I ", HI
, li~~~~~/
i~>
~~~.~
T-~~,@m ~-rn~===l
k PI-IA5E 2 :1 I 1- Mo;rIt.lIr;:.t. ~I-C ,
L__~~~~_~_;"~~_~~~_~~"'~'~_~:,:_~_ _;1 ,~,~.~,,~ ~~'fJ'~~'~ I
m.n.:--'---~. ._..~-, ~'71 01' ,. .,!
L. r-\l) fii : 1:: '->\> ", et
J: In' ~ ~ift,i. ..t.iI.1
t II\Ut 1 ~I,,! I' '!I
t____ ~_~____:! -I I ~ -=1
r-.-2-----,(
EXHIBIT "e"
~l ~,P
()
:J~ c
:2
m m
i1J no >
<' ~;
h ~;
~ ~~,
Q ~
iL. m
iJj - <
"" -,
j) t-J
~,
~; ;;!!
lC:n
.,; :'.Q
ij-
[J=~l~]rH[~~C~&"";;;_.
RECEiVED & FILED
CITY' OF EAGLE
~',AR 0 ~ 2007
F1i8. ._--
Route to:
'"''''" ~._-- -~.-.._--_._----
('J
;n
,
pi
ii,
e-
i,~
-~ ---,---------_.~ -----
, @/r~=;~~ @~T?'O;:lll;,~,=::.;;.,;~o~,,~ ;
,:t.lI!:_,",'_'-'!io::::J.;:, 'i.~'!::,':J.I/,.'el\Cl'" I ~! .,'(.i-.a--.;;. ,,;: :
~_I'~. _...: ~-""'"~;.; i