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Development Agreement - 2009 - Terra View - 2/24/2009 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02125109 11:53 AM DEPUTY Vicki Allen RECORDED-REQUEST OF Eagle City AMOUNT .00 44 1111111111111111111111111111111111111 109021224 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 (this "Agreement") made and entered on the date indicated herein by and between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and SB/CH LAND COMPANY (FLACK/CARLOCK), LLC, a Delaware limited liability company ("Applicant") is as follows: WHEREAS, Applicant owns a contiguous parcel of land approximately 287.6 acres in size currently within Ada County and generally located at the northeast corner of State Highway 16 and Beacon Light Road as depicted on that certain proposed Concept Development Plan attached hereto as Exhibit A and incorporated herein (sometimes referred to herein as the "Plan" or "Terra View"), and more particularly described on Exhibit B, attached hereto and incorporated herein (the "Property"), which Property is the subject of Eagle Rezone Application No. RZ-23-07; and WHEREAS, the Property comprises an area currently designated as Transitional Residential & Village Center on the Future Land Use Map of Eagle's Comprehensive Plan, attached hereto as Exhibit C and incorporated herein; and WHEREAS, the Eagle Comprehensive Plan indentifies various Land Use Sub Areas and the Property is located in the Land Use Sub Area known as the "Village Planning Area"; and WHEREAS, a portion of the Village Planning Area is designated as the "Village Center", which Village Center focuses on non-residential uses and higher density residential uses in proximity to the non-residential uses; and WHEREAS, the Village Center is generally located within the Village Planning Area along Beacon Light Road, bounded by Palmer Lane to the west and Lanewood Road to the east; and WHEREAS, the Eagle Comprehensive Plan identifies an area adjacent to both sides of Beacon Light Road from State Highway 16 to N. Lanewood Road as Community Commercial; and WHEREAS, Terra View focuses non-residential uses in the Village Center and/or Community Commercial area of the Village Planning Area; and Page 1 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC WHEREAS, the Property comprises an area currently zoned in Ada County as RUT (Rural Urban Transition); and WHEREAS, Applicant and Eagle desire that the Property be annexed into the corporate limits of Eagle and be developed as an integral part of Eagle as set forth in this Agreement. Applicant has submitted to Eagle a duly executed application requesting and consenting to annexation and rezone of the Property into Eagle; and WHEREAS, Applicant and Eagle desire that the Property be zoned MU-DA (Mixed Use with Development Agreement) and developed as a mixed use project containing commercial, retail, office, residential, and open space as generally shown on Exhibit A; and WHEREAS, the City Council of Eagle, upon recommendation of Eagle's Planning & Zoning Commission, 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 Agreement is to protect the rights of Applicant's use and enjoyment of the Property while at the same time limiting impact of the development of the Property upon neighboring properties and the existing community while ensuring that the Property is developed in a manner consistent with Eagle's City Code as may be modified by this Agreement; and WHEREAS, Applicant has agreed to the use restrictions and other limitations set forth in Eagle's "MU-DA" (Mixed Use with Development Agreement) zoning designation for the Property, subject to the provisions and requirements set forth in this Agreement; and WHEREAS, Eagle and Applicant acknowledge that development of the Property will require the construction of public improvements both within and outside of the boundaries of the Property, which construction may take extensive time and which public improvements will provide regional as well as benefits for Terra View; and WHEREAS, Eagle and Applicant acknowledge that development of the Property may be constrained by market and financing issues outside of the control of Applicant; and WHEREAS, the owners of the Property have previously provided Eagle with affidavits agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section 8-10-1 (C) (I); and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, and in consideration of the recitals above, which are incorporated below, and in consideration of the premises and the mutual representations, covenants and agreements hereinafter contained, Eagle and Applicant represent, covenant and agree as follows: Page 2 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC ARTICLE 1: LEGAL AUTHORITY This Agreement is made pursuant to and in accordance with the provisions of Idaho Code, Sections 50-222; 50-301; 67-6508; 67-6511; 67-6512; and 67-6511A and Eagle City Code, Title 8, Chapter 10. ARTICLE 2: ANNEXATION ORDINANCE; ZONING ORDINANCE AMENDMENT As soon as practicable after the Effective Date, Eagle shall adopt an ordinance annexing the Property and an ordinance rezoning the Property to MU-DA (Mixed Use with Development Agreement) subject to the provisions of this Agreement. The annexation and rezone ordinances shall become effective after their passage, approval, and publication. ARTICLE 3: CONDITIONS ON DEVELOPMENT The allocation of residential density and/or non-residential use acreage in Terra View is consistent with Eagle's planning efforts to encourage planning flexibility based on physical and market conditions while protecting private property rights. However, and notwithstanding anything to the contrary and consistent with the terms herein, the Plan may be modified by Applicant based upon changing residential and non-residential use real estate market conditions, industry factors, and/or business considerations. The Plan shall be updated to reflect modifications to the phasing schedule. If Eagle reasonably determines that a modification to the Plan results in the substantial increase in density or intensity of use, the Plan and this Agreement shall have public review before Eagle City Council prior to modification. At the Effective Date of this Agreement, the following conditions of approval apply: 3.1 All development within the Property shall be consistent with the Eagle Architecture and Site Design Book and be generally consistent with the proposed Plan depicted in Exhibit A attached. The Plan describes the general nature and relative location of certain elements for the Property. It is the intent of this Agreement is to allow sufficient flexibility at the time a detailed plan and platting are submitted to Eagle, while maintaining the general intent of the Plan with the requirements set forth in this Agreement. 3.2 Applicant shall develop the Property subject to the conditions and limitations set forth in this Agreement. Applicant shall also submit such applications regarding design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code in effect as of the Effective Date of this Agreement. Applicant shall submit a preliminary plat for all or a portion of the Property within three (3) years of the Effective Date. An approved preliminary plat shall expire two (2) years following action by Eagle City Council, or after any additional period of time as may be approved by Eagle City Council, not to exceed an additional three (3) years, which approval shall not be unreasonably withheld. All preliminary plat applications must be submitted within fifteen (15) years after the initial preliminary plat has been approved by Eagle City Council. A final plat application must be submitted to Eagle prior to the expiration of the applicable preliminary plat. In the event that final plat applications in connection with portions of a preliminary plat are submitted in an orderly and reasonable manner in intervals not to exceed one(1) year following the recordation of the last final plat, such final plat applications shall be considered for final approval without resubmission of the preliminary plat for approval. Page 3 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC A final plat shall be recorded in two (2) years following Eagle City Council action on the final plat; provided however, Eagle City Council may approve the extension of such two (2) year period, which approval shall not be unreasonably withheld, for a period of time not to exceed three (3) years to facilitate the completion improvements required by the applicable sections of Eagle City Code. As part of its consideration to extend the time frame in this Section, Eagle City Council may require Applicant to adhere to subdivision ordinances and resolutions in effect at the time the extension is requested. 3.3 Except as otherwise provided within this Agreement ,Applicant shall comply with the Eagle City Code in effect as of the Effective Date of this Agreement (excluding building codes adopted after the Effective Date), including, without limitation, applications for development permits as required by Title 10, Flood Control, Eagle City Code; provided, however, if, following the Effective Date, the permitted uses of the MU-DA zone are expanded, such expanded uses shall be allowed in Terra View and included in this Agreement. 3.4 The approximate 287.6 acre site of Terra View shall consist of approximately 241.67 acres of residential use (single-family and multi-family units) and approximately 46.0 acres of non-residential uses as described below. 3.4.1 Village Planning Area. Situated at the Northeast corner of Highway 16 and Beacon Light Road, this portion of the Property is located within the Village Planning Area pursuant to the Eagle Comprehensive Plan (Chapter 6.8.3). Applicant agrees that all land uses to be utilized on the Property shall be compatible with the Village Planning Area, Village Center, and Community Commercial areas as identified in the Comprehensive Plan emphasizing mixed uses of residential and commercial development that provides for a transition of density within this portion of the Property. Residential and non-residential development shall emphasize pedestrian-friendly development. 3.4.1.1 Residential development shall consist of single-family homes, apartments, town homes, condominiums and patio homes with a range of densities and with density generally decreasing as the area radiates out from the Village Center/ Community Commercial. 3.4.1.2 Commercial development in the Village Planning Area should strive to enhance vehicular trip capture minimizing high traffic generating uses. The Village Planning Area specifically seeks to provide: retail commercial; hospitality; civic uses; and a research and development/educational campus and/or corporate park area designed to provide sufficient space for corporate headquarters in a park-like setting near ancillary commercial uses located in the Village Center. 3.4.2 Non-Residential (Commercial) Mixed Use. Commercial uses shall be limited to those uses that complement or are ancillary to the Village Center corporate campus and are otherwise limited to the following uses: . Bar . Coffee Shop Page 4 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc ful ver.DOC . Childcare Daycare Center . Food and Beverage Sales (hours limited to 7am to 10pm) . Grocery Store (not to exceed 55,000 square feet) · Fuel Service . Hospital . Live Entertainment Events . Massage/ Spa . Office: Business, Professional and Medical . Professional Activities . Restaurant (hours limited to 7:00am to 11 :OOpm) . Retail Sales Limited . Retail Sales (pharmacy and medical) . Travel Services . Theater (movie) 3.4.2.1 Except as described in Section 3.4.2 above, no single retail tenant on the Property shall exceed twenty- five thousand (25,000) square feet in building footprint area without a conditional use permit. A Grocery Store exceeding 55,000 square feet shall require a Conditional Use Permit. 3.4.2.2 Non-residential (commercial) mixed uses with limited hours of operation/hours of delivery listed in Section 3.4.2 above may obtain expanded hours of operation/hours of delivery through the modification of this Agreement. 3.4.2.3 Notwithstanding the allowed uses set forth in Section 3.4.2 above, no portion of the Property shall be used for any of the following uses: . All Industrial Uses . Outside Storage . Adult Business . Automotive, Mobile Home, Travel Trailer, and/or Farm Implement Sales . Cemetery . Drive-in Theatre . Mortuary/Funeral Home . Storage (fenced area) 3.4.3 Residential Development. 3.4.3.1 The total residential area shall be approximately 241.67 Acres (inclusive of open space) representing 84.0% of the Property. The maximum density for the Property shall be approximately 2.99 dwelling units per acre with a maximum of 722 dwelling units conceptually depicted on the lot layout plan of Exhibit D attached hereto and made a Page 5 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc ful ver.DOC part hereof. Residential portions of the Property shall not require a conditional use permit. 3.4.3.2 Residential development shall emphasize transitioning with multi-family dwellings adjacent to mixed use non-residential development. Single-family residential lots shall be no less than Seventeen Thousand (17,000) square feet in size adjacent to the northern boundary of the Property. 3.4.3.3 All non-residential (commercial) mixed uses may be subject to reasonable dark-sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. 3.5 The Village Planning Area shall consist of a boulevard that shall include medians, sidewalks and limited signalization similar to Harrison Boulevard in Boise. Applicant shall work with Ada County Highway District ("ACHD") and Eagle through the Transportation Land Use Integration Plan ("TLIP") to establish cross sections for Beacon Light Road and Palmer Road that are unique to the Eagle Wine District Overlay. 3.5.1 Applicant acknowledges that its access point to Beacon Light Road eventually shall be coordinated with the access point to Beacon Light Road with the property owner south of Beacon Light Road as depicted on the Plan. (Village Gateway access). 3.5.2 In the event ACHD determines that a Park & Ride facility is desired by ACHD at a location on the Property, Applicant shall cooperate with ACHD in connection with ACHD's purchase of property and development of the public Park & Ride facility. Such facility shall not exceed 1.5 acres in size and shall be located at a location mutually acceptable to Applicant and ACHD. 3.6 Eagle hereby acknowledges that the typical housing styles and lot layout plan depicted on Exhibit D represent Applicant's concept for Terra View. Eagle and Applicant acknowledge that changes in the concept may occur; provided, however, changes shall substantially conform to the Plan and limitations described herein. Applicant also understands and agrees that any changes regarding development of Terra View shall be in conformance with the Terms of this Agreement and any other decisions made by the City Council on any subsequent applications filed by the Applicant. 3.7 All multi-family structures shall comply with Eagle City Code Section 8-2A and shall receive approval from the Eagle Design Review Board and Eagle City Council prior to the issuance of any building permits. Page 6 of 44 K:\Planning Dept\Eagle Applications\RZ&A \2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC 3.8 Dimensional standards and respective setbacks within Terra View shall be as follows: 5.000 Sq. ft. lots (with alley): Front: 10 feet Rear: 20 feet (measured from edge of pavement) Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 40% 5.000 sq. ft. lots (no alley): Front: 10 feet - living area /20 feet front-load garage to back of sidewalk Rear: 20 feet Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 40% Active Adult: Front: 10 feet - Living area / 20 feet front-load garage to back of sidewalk Rear: 5 feet Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 40% 8.000 sq. ft. lots: Front: 15 feet - living area / 22 feet front-load garage to back of sidewalk Rear: 15 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 32% 12.000 sq. ft. lots (less than 75 feet of frontage): Front: 15 feet - living area / 22 feet front-load garage to back of sidewalk Rear: 15 feet Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 31 % 12.000 sq. ft. lots (greater than 75 feet of frontage): Front: 15 feet - living area / 22 feet front-load garage to back of sidewalk Rear: 15 feet Page 7 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc ful ver.DOC Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 21 % 17.000 sq. ft. lots: Front: 15 feet - living area / 22 feet front-load garage to back of sidewalk Rear: 25 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 21 % 21.000 sq. ft. or larger lots: Front: 15 feet - living area /22 feet front-load garage to back of sidewalk Rear: 25 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 16% Mansion-style homes: Front: 10 feet Rear: 1 0 feet Side: 5 feet (10 feet between structures) Street Side: 6 feet Maximum Lot Coverage: 51 % 3.9 The Property shall comply with all parking requirements pursuant to the Eagle City Code in effect as of the Effective Date of this Agreement. 3.10 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property may be developed on a phase by phase basis and used consistent with the Mixed Use land uses allowed by Eagle City Code, and Eagle's Official Schedule of District Use Regulations existing as of the Effective Date, a copy of which is attached hereto as Exhibit E and made a part hereof. 3.11 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries at the time of submitting the first preliminary plat application. A letter of approval shall be provided to the City from the Eagle Sewer District approving the construction plans prior to submittal of the respective final plat application. In the event that Eagle Sewer District cannot serve the property, Applicant and Eagle shall meet to evaluate and in good faith timely arrive at a mutually-agreeable wastewater treatment and disposal alternative. Page 8 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc ful ver.DOC .-.. 3.12 Applicant shall provide a report or analysis of any proposed changes to wetlands located on the Property. Any such change shall be contingent upon approval by the applicable federal, state and/or local agencies, and shall be in accordance with the applicable sections of Eagle City Code. Applicant agrees all development and improvement of the Property shall comply with all applicable laws and regulations pertaining to regulated wetlands. 3.13 Applicant shall provide an on-site, tree lined landscape strip along State Highway 16 and Beacon Light Road, including a ten (10) foot wide bicycle/pedestrian pathway within the landscape common lot as generally depicted on Exhibit A. The width of the landscape strip in various locations shall be as depicted on Exhibit A. The landscape, including street trees and pathways, shall be reviewed and approved as required by applicable Eagle City Code provisions and as set forth as follows: 3.13.1 A seventy-five (75) foot wide common lot shall be provided adjacent to residential areas along State Highway 16 and shall include a minimum ten (10) foot high, maximum twelve (12) foot high, berm/wall combination with extensive landscape to provide a buffer. All buffers should be located within a common lot outside of the one hundred (100) foot setback from centerline for right of way dedication to the Idaho Transportation Department ("ITD"). 3.13.2 A fifty (50) foot wide common lot shall be provided adjacent to residential areas along Beacon Light Road and shall include a minimum five (5) foot high, maximum eight (8) foot high, berm/wall combination with extensive landscape to provide a buffer. 3.13.3 The Property shall be designed to allow for a public roadway connecting this site to the adjacent site to the east and to the Village Gateway development to the south. Approved access points are subject to approval by ITD and ACHD, as applicable, and Applicant must provide all necessary approvals and/or license agreements. 3.14 Building placement shall be designed such that parking areas are not concentrated between the buildings and roadways of a collector status or higher. All buildings shall be provided with architectural design elements and architectural relief in keeping with the proposed architectural styles contained in Exhibit F, attached hereto and incorporated herein. 3.14.1 All structures within Terra View shall be constructed utilizing "Tuscan" style architecture. Commercial/retail buildings, single-family residential, multi-family residential units, active adult residential units and common area amenities shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board in effect as of the Effective Date and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for commercial/retail buildings, multi-family residential units, common area amenities, pumphouse for irrigation, and gazebos. To assure compliance with this condition, Applicant shall create an architectural control committee ("ACC") as a component of Terra View's restrictive covenants Page 9 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-] 6-07 & RZ-23-07 da cc fnl ver.DOC ("CC&Rs"). Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and reasonably approved by the Eagle city attorney prior to the approval of the first final plat. The submittal of the building permit application to Eagle for each building within the development shall be accompanied by an approval letter from the ACC. Building permit applications that do not have an approval letter attached will not be accepted. 3.15 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas and commercial areas shall be provided consistent with Eagle City Code to be reviewed by the Parks and Pathway Development Committee or other appropriate recommending body of Eagle prior to preliminary plat approval. 3.16 Applicant shall provide a private community park approximately 7 acres in size as conceptually depicted on the Plan and as depicted on Exhibit G, attached hereto and incorporated herein. Applicant shall develop an approximately 21 acre public park recommended for approval by the Parks & Pathway Committee on March 19,2008 as conceptually depicted on Exhibit G, which park shall be dedicated to Eagle. 3.17 Applicant acknowledges that the Property is located within the Eagle Municipal Water Service Area and compliance with applicable sections of Eagle City Code shall be required. If there are any conflicts between such applicable sections of Eagle City Code and this Agreement, this Agreement shall control. It is the purpose and intent of Eagle and Applicant for Applicant to develop the Water System, defined below, and convey same to Eagle for Eagle to provide municipal water service to Terra View. In connection with the review of the first preliminary plat application, Applicant and Eagle shall work together in good faith to develop a plan and timeline to provide municipal water to Terra View and payment of the "Water Construction Equivalency Fee", as such term is defined in Eagle City Code. Prior to Eagle's execution of any final plat, Eagle and Applicant shall, in good, faith, reconcile the costs expended by Applicant in connection with the Water System and any Over-sized Water Facilities, defined below, such that Applicant shall be given credit against the Water Construction Equivalency Fee due and owing by Applicant and associated with any portion of the Property being final platted, or by executing a Water Reimbursement & Latecomers Agreement, defined below, between Eagle and Applicant. Applicant shall construct the municipal water conveyance system within Terra View for municipal water as required to serve Terra View, hereinafter referred to as the "Water System", on a phase by phase basis. The phasing of Terra View may dictate the location and construction of the Water System components but such construction shall follow Eagle's water system facility plan or its equivalent at the time of construction. In designing and constructing the Water System, Applicant shall consult regularly with Eagle and construct the Water System to Eagle's standards. Wherever feasible, Applicant and Eagle agree to cooperate as appropriate on development and operation of facilities that may include, without limitation, production wells, storage reservoirs, emergency back-up power generators, and similar facilities. As part of the construction of the Water System and conveyance to Eagle, Applicant and Eagle shall cooperate to the greatest extent practicable to ensure that all municipal water rights Page 10 of44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc fnl verDOC .. necessary to serve Terra View are secured by Applicant for the Water System and that the Water System can be permitted and operated in conjunction with existing and planned water facilities of Eagle. Applicant shall transfer, conveyor assign (on a phase by phase basis) municipal water right(s) to Eagle for inclusion in Eagle's municipal water supply system; provided, however, Applicant is not required to conveyor assign more water right(s) than necessary to serve Terra View. Eagle shall cooperate with Applicant, at no cost to Eagle, to assist Applicant in Applicant's obtaining all permit(s) and licenses for municipal water rights sufficient to serve the Property as the Property is developed in accordance with this Agreement. Any engineering, legal or other costs actually incurred by Eagle directly related to Eagle's assistance to Applicant in securing the municipal water rights and the design and construction of the Water System shall be reimbursed to Eagle by Applicant upon receipt of an invoice from Eagle. As part of the conveyance of any phase or portion of the Water System to Eagle, Applicant shall provide Eagle with all applicable as-built drawings, operation and maintenance manuals, operation records, and water right records and other necessary information. Eagle shall not issue any vertical building permits for any phase prior to Applicant's completion of the components of the Water System, or other measure(s) agreed to by Eagle Fire District or Star Fire District, as applicable, sufficient to provide fire protection for that phase of Terra View. Alternative methods of compliance to meet fire protection requirements during construction may be agreed upon between the Applicant and Eagle. Eagle shall not issue any certificates of occupancy for any phase of Terra View prior to Applicant's completion of the Water System for service of that phase of Terra View or if any uncontested outstanding invoice from Eagle pursuant to this Section has not been paid. In the event an invoice is contested, Applicant shall place in escrow an amount of money sufficient to pay such invoice pending resolution through good faith mediation between Eagle and Applicant. If the result of such mediation is unsatisfactory to Eagle and/or Applicant, then any party may avail itself of any legal or equitable remedy available to such party under Idaho law. 3.18 Without limiting the foregoing, Applicant hereby grants to Eagle a right of first offer to purchase Applicant's additional ground or surface water rights (if any), subject to the terms set forth herein. If, at any time after the date of this Agreement, Applicant desires to sell such additional ground or surface water rights, Applicant shall give Eagle written notice (the "Offer Notice") of the possible sale of such water rights. The Offer Notice above shall include, without limitation, the price of the ground water rights and the projected closing date for the sale. Eagle shall have forty-five (45) days to consider the Offer Notice. If Eagle chooses to purchase the ground water rights pursuant to the terms in the Offer Notice, Eagle shall deliver notice of its intent to so purchase within the forty-five (45) period, and the transaction shall proceed as outlined in the Offer Notice. If Eagle fails to give notice during the forty-five- (45) day period, Eagle's right of first offer shall terminate, and Applicant shall be free to close a sale to a buyer on the open market. Under no circumstances shall Applicant have any obligation to provide Offer Notice if Applicant is selling or transferring such additional ground water rights, in whole or in part, in connection with a transfer to any lender, parent, subsidiary or affiliate of Applicant, or transfers to any owners' association associated with Terra View or to any entity owned by Applicant or in which Applicant holds a membership or ownership interest, as applicable. Eagle's right of first offer shall continue in full force and effect for fifteen (15) years Page 11 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc ful ver.DOC from the Effective Date, unless this Agreement is otherwise terminated as provided herein, in which event Eagle's right of first offer shall automatically terminate. 3.19 If the Water System being constructed by Applicant is larger than needed to serve Terra View at its full build-out, and it has reasonably been determined by Eagle to benefit properties other than the Property, or if Eagle reasonably requires Applicant to develop a portion of the Water System in excess of that necessary to serve Terra View so as to allow Eagle to serve other properties (collectively, the "Over-sized Water Facilities"), Eagle and Applicant shall, in good faith, enter into a reimbursement and latecomers agreement describing the amount and method of repayment of such additional costs of only the Over-sized Water Facilities to Applicant. In the event Eagle reasonably determines that Eagle cannot directly reimburse Applicant for all or a portion of costs in connection with the Over-sized Water Facilities, Applicant shall receive a credit for such costs against the Water Construction Equivalency Fee due and owing by Applicant if allowable by law and Eagle City Code. The Applicant and Eagle shall enter into a "Water Reimbursement & Latecomers Agreement" to address the repayment of the Over-sized Water Facilities through a latecomers charge to other benefited properties. Such Water Reimbursement & Latecomers Agreement shall have a duration of sufficient time following completion of the portion of the Water System for which reimbursement is sought with such time to be mutually agreed between Applicant and Eagle, but in no event less than ten (10) and no more than twenty (20) years. Such Water Reimbursement & Latecomers Agreement shall provide, in part, that: (a) interest be paid to Applicant at a rate negotiated by the parties in connection with the negotiation of the Water Reimbursement & Latecomers Agreement; (b) Eagle shall retain from the service connection charges collected from such other benefited property owners an administrative fee for handling the accounting, auditing, and payment of the reimbursement payments to be made to; and, (c) the Water Reimbursement & Latecomers Agreement shall be binding on Applicant and Eagle and their respective successors and assigns. 3.20 Upon development and conveyance of the Water System to Eagle, Eagle shall be responsible for the operation and maintenance of the Water System and Eagle shall provide water service to the Property in quantity and quality sufficient to satisfy the municipal water needs of Terra View as and when required in connection with the development of the Property, subject to any water disruption or degradation of water quality or quantity that is outside the control of Eagle and further subject to Eagle's reasonably enacted and imposed standard terms and conditions of delivery. All water service using the Water System shall be metered. Eagle shall receive no fee for water service until, and only if, Eagle accepts ownership of, and operational and maintenance responsibility for the Water System, after which time Eagle shall be entitled to collect such fees for water service. The plan and timeline to be developed by Eagle and Applicant as provided in Section 3.17 above shall include, without limitation, construction timetables for the Water System and address any changes in Eagle's water system facility plan that may negatively affect Eagle extending water service to the Property. In the event Eagle reasonably determines that water service cannot timely be extended to the Property, Eagle shall give Applicant reasonable notice of that official action. "Official action" means a decision by the Eagle City Council made at a duly noticed City Council meeting. 3.21 Applicant shall secure sufficient water rights or shares for irrigation and aesthetic needs of Terra View. The method of providing irrigation water shall be at the discretion of Applicant so long as an adequate system and source of supply is provided to serve Terra View Page 12 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC on a phase by phase basis. If Applicant so requests, Eagle shall give good faith consideration to establishing a municipal irrigation system to maintain and serve irrigation water to Terra View. Applicant shall develop water conservation criteria for landscape and irrigation and the criteria shall be submitted prior to any preliminary plat approval. Eagle shall not execute the applicable final plat for any phase prior to Applicant's completion of the main irrigation facilities, including sufficient irrigation water rights or shares for service to such phase. 3.22 The Property is located within both the Eagle Fire District and the Star Joint Fire Protection District and, therefore, Applicant shall work with both the Eagle Fire District and the Star Joint Fire Protection District for all fire service/protection issues as it applies to the respective Fire Districts; provided, however, nothing in this Section 3.24 shall limit Applicant's ability to annex into one fire district so long as Eagle Fire District, Star Joint Fire Protection District and Applicant working in good faith reach agreement in a recorded Memorandum of Understanding or as otherwise allowed under Idaho Law. 3.23 Applicant shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not limited to, access approaches on Beacon Light Road, and locating the interchange at the intersection of Beacon Light Road and State Highway 16, proposed internal road locations, and road design. 3.24 All private roads and/or private rights-of-way within the Property, if any, shall be constructed by Applicant to ACHD standards and owned and/or maintained by Applicant and/or an owners' association; provided, however, in certain areas, Applicant may seek approval on a phase by phase basis from Eagle to install private roads which are not to ACHD standards. Applicant reserves the right to seek approval to limit access to private roads in the Property through access control structures and to determine the location of curb cuts, provided a qualified engineer determines that their location does not present a significant hazard. Applicant may seek Eagle approval to install access control structures within the medians of the private roads and/or private rights-of-way at any portion of the Property. Applicant shall grant to the appropriate service providers license for police, fire, ambulance, garbage collection, water or sewer line installation and repair, and other similar public purposes, over such private roads and/or rights-of-way. Application for private streets shall be made to Eagle as allowed under Eagle City Code Titles 8 and 9 at the same time as a preliminary plat application is made which includes one or more private road(s). Nothing herein implies or otherwise approves any private roads on the Property. 3.25 Applicant has been and shall continue to participate in the Northwest Foothills Transportation Study (the "Study") sponsored by ACHD, which Study utilizes land use plans, including Eagle's Comprehensive Plan, and involves the coordination between ACHD, Eagle and Applicant (as well as other landowners). The Study is projected to identify ACHD transportation system alternatives. Adopted recommendations of the Study that do not materially affect the design of the ACHD transportation system within the Property, as determined by Applicant in Applicant's reasonable discretion, shall be incorporated by Applicant into the preliminary plat for Terra View. Page 13 of 44 K:\Planning Dept\Eagle Applications\RZ&A \2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC 3.26 Applicant shall work with the property owners to the north of the Property to protect their existing access easement adjacent to the western boundary of the Property or to ensure ingress/egress is maintained to the property north of the Property in proximity to the existing access easement. 3.27 Until Applicant has submitted to Eagle preliminary plats covering at least fifty (50) percent of the Property, Applicant shall meet with Eagle within sixty (60) days of the anniversary of the Effective Date to review compliance with the Agreement and Applicant- requested extensions, if applicable, which request(s) shall not be unreasonably withheld, and confer on any pending development issues. 3.28 The Applicant shall provide a buffer area adjacent to the eastern boundary of the development which is commensurate to the buffer area requirements pursuant to Eagle City Code Section 8-2A-7(J)(4)(b). The buffer area shall be reviewed and approved by the Design Review Board and City Council prior to approval of a final plat for the "active adult" area (as identified on Exhibit A) adjacent to the eastern boundary of the development. The construction of the "active adult" area shall not occur until 2/3 of the residential development for the remaining portion of the project is complete. ARTICLE 4: AFFIDAVIT OF PROPERTY OWNERS An affidavit of all owners of the Property agreeing to submit the Property to this Agreement and to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 shall have been provided to Eagle, and all such affidavits are incorporated herein by reference. ARTICLE 5: DEFAULT 5.1 Eagle and Applicant shall act in good faith when undertaking their respective obligations and covenants contained herein. Failure or unreasonable delay by either party hereto to perform or otherwise act in accordance with any term or provision of this Agreement for a period of sixty (60) days following written notice thereof from the other party (the "Cure Period"), shall constitute a default under this Agreement; provided, however, that if the failure or delay is such that more than sixty (60) days would reasonably be required to perform such action or comply with any term or provision hereof, then such party shall have such additional time as may be reasonably necessary to perform or comply so long as such party commences performance or compliance within such sixty (60)-day period and diligently proceeds to complete such performance or fulfill such obligation (the "Extended Cure Period"). The written notice provided for above shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event a default of Applicant is not cured within the Cure Period or the Extended Cure Period, if applicable, the zoning of that portion of the Property related to such default shall convert to the A-R (Agricultural-Residential) zoning designation. 5.2 In the event that either party to this Agreement shall file suit or action at law or equity to interpret or enforce this Agreement, the unsuccessful party to such litigation agrees to pay to the prevailing party all costs and expenses including reasonable attorneys' fees incurred by the prevailing party. Similarly, all fees and costs associated with an appeal to any appellate Page 14 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC court thereafter, including, without limitation, the prevailing party's attorneys' fees, shall be paid by the non-prevailing party. 5.3 In the event the parties cannot resolve any disputes or disagreements in this agreement either party may request mediation pursuant to Idaho Code Section J 67-6510. ARTICLE 6: UNENFORCEABLE PROVISIONS 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 by a court of competent jurisdiction, such provision shall be severed from this Agreement and the remainder of this Agreement shall nevertheless remain in full force and effect except that any portion so determined to be invalid or unenforceable shall be re-negotiated in good faith between Applicant (or other appropriate party) and Eagle. It is the parties' express intention that the terms and conditions be construed and applied as provided herein, to the fullest extent possible. It is the parties' further intention that, to the extent any such term or condition is found to constitute an impermissible restriction of the police power of Eagle, such term or condition shall be construed and applied in such lesser fashion as may be necessary to not restrict the police power of Eagle. ARTICLE 7: ASSIGNMENT AND TRANSFER After its execution, the Agreement shall be recorded in the office of the Ada County Recorder at the expense of Applicant. Each commitment and restriction of this Agreement is binding upon, and the burdens and benefits inure to, all successors in interest of the parties to this Agreement and constitute covenants that shall run with the land. This Agreement shall be binding on Eagle and Applicant, and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns; provided however, that if all or any portion of the Property is sold, the sellers shall thereupon be released and discharged from any and all obligations arising under this Agreement in connection with the portion of the Property sold. 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. In the event of a complete or partial assignment of Applicant's rights and obligations hereunder, except an assignment for collateral purposes only, Applicant's liability under this Agreement shall terminate. Nothing in this Agreement shall operate to restrict Applicant's ability to assign less than all of Applicant's rights and obligations under this Agreement to those persons or entities that acquire any portion of the Property. Notwithstanding the foregoing, the ongoing ownership, operation and maintenance obligations in connection with this Agreement may be assigned to an owners' association. Applicant shall provide Eagle with written notice of any assignment of Applicant's rights or obligations to such owners' association within a reasonable period of time following such assignment. Notwithstanding any other provisions of this Agreement, Applicant may assign all or part of Applicant's rights and duties under this Agreement as collateral to any financial institution from which Applicant has borrowed funds for use in developing the Property. Page 15 of44 K:\Planning Dept\Eagle Applications\RZ&A \2007\A-] 6-07 & RZ-23-07 da cc fnl ver.DOC ARTICLE 8: GENERAL MATTERS 8.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 8.2 Amendments. Eagle and Applicant acknowledge that amendments to this Agreement may be necessary or appropriate from time to time. When the parties agree that an amendment is necessary or appropriate, the parties shall, unless otherwise required by applicable law as established in this Agreement or by state or federal statute, effectuate minor amendments administratively approved by Eagle's Zoning Administrator. The approval of such minor amendments shall not necessitate formal amendment of this Agreement, but shall be retained in Eagle's official file for the Property. The parties shall cooperate in good faith to agree upon and use reasonable efforts to process any amendments to this Agreement. No modification or amendment to this Agreement of any kind whatsoever shall be made or claimed by Applicant or Eagle shall have any force or effect whatsoever unless the same shall be endorsed in writing and signed by the party against which the enforcement of such modification or amendment is sought, and then only to the extent set forth in such instrument. Amendments other than those approved administratively by the Zoning Administrator to this 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. Such approved amendment shall be recorded in the Official Records of Ada County, Idaho. 8.3 Construction; Headings. All parties hereto have either been represented by separate legal counselor have had the opportunity to be so represented. Thus, in all cases, the language herein shall be constructed simply in accord with its fair meaning and not strictly for or against a party, regardless of whether such party prepared or caused the preparation of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 8.4 Termination Upon Sale to Public. Except as otherwise provided herein, this Agreement is not intended to and shall not create conditions or exceptions to title or covenants running with the Property beyond the development of the Property. Therefore, in order to alleviate any concern as to the effect of this Agreement on the status of title to any portion of the Property, this Agreement shall terminate without the necessity of any notice, agreement or recording by and/or between the parties in connection with any lot that has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end-purchasers or users thereof (a "Public Lot") and thereupon such Public Lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 8.5 Termination Upon Completion of Development. Notwithstanding anything to the contrary herein, Eagle shall, upon written request of Applicant, execute appropriate and recordable evidence of termination of this Agreement if Eagle has determined reasonably that Applicant has fully performed Applicant's obligations under this Agreement in connection with all or a portion of the Property. Upon final approval of any detailed phase of the Property, or Page 16 of44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC portion thereof, by Eagle, and the recordation of the final plat in connection therewith, Eagle shall, as soon as practicable, execute and record an appropriate instrument of release of the Agreement in connection with such phase of development of the Property. 8.6 Waiver. No delay in exercising any right or remedy shall constitute a waiver by either party thereof, and no waiver by Eagle or Applicant of the breach of any covenant or condition of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.7 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single document so that the signatures of all parties may be physically attached to a single document. 8.8 Recitals; Exhibits. The recitals and any exhibits attached hereto shall be deemed to have been incorporated herein with the same force and effect as if fully set forth in the body hereof. 8.9 Further Acts. Each of the parties shall promptly execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. 8.10 Time of Essence. Time is of the essence in implementing the terms of this Agreement. 8.11 Force Majeure. In the event of changed conditions, changes in state or federal laws or regulations, building codes, inclement weather, delays due to strikes, inability to obtain materials, civil commotion, fire, acts of God, or other circumstances which substantially interfere with the ability of either party to perform such party's obligations and/or exercise such party's rights under this Agreement, the parties agree to bargain in good faith to modify such obligations to allow the terms and conditions of this Agreement to proceed as planned to the extent practicable. 8.12 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the recordation of this Agreement, without regard to conflicts of law principles. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.13 Notices. Any notice which a party may desire to deliver to another party must be in writing and may be delivered by personal delivery, by mailing the same by registered or certified U.S. Mail, return receipt requested and 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 17 of44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC Eagle: William E. Vaughan Planning and Zoning Administrator City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Applicant: SB/CH Land Company (Flack/Carlock), LLC Attn: Kristin Renaudin c/o Stockbridge Real Estate Fund 4 Embarcadero Center, Suite 3300 San Francisco, CA 94111 With a copy to: Alan Hyden Wilson Meany Sullivan 4 Embarcadero Center, Suite 3330 San Francisco, California 94111 or such other addresses and to such other persons as the parties may hereafter designate. Any such notice shall be deemed delivered upon delivery ifby personal delivery, three (3) days after deposit in the United States mail, or upon receipt if deposited with a reputable overnight delivery serVIce. 8.14 Effective Date. This Agreement shall be effective upon recordation of a fully executed and notarized original of this Agreement. 8.15 No Partnership; Third Parties. It is hereby specifically understood, acknowledged and agreed that neither Eagle nor Applicant shall be deemed to be an agent of the other for any purpose whatsoever. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Applicant and Eagle. No term or provision of this Agreement is intended to, or shall, be for the benefit of any third-party, person, firm, organization or legal entity not a party hereto, and no such other third-party, person, firm, organization or legal entity shall have any right to cause of action hereunder. 8.16 Recordation. After its execution by the parties hereto, this Agreement shall be recorded in the office of the Ada County, Idaho Recorder at the expense of Applicant. 8.17 Good Standing; Authority. Each of the parties represents to the other that: (a) Applicant is a Delaware limited liability company duly qualified to do business in Idaho; (b) Eagle is a municipal corporation duly qualified to do business in the State of Idaho; and (c) the individual(s) executing this Agreement on behalf of the parties are authorized and empowered to bind the party on whose behalf each such individual is signing. [Remainder of page left intentionally blank.] Page 18 of44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC IN WITNESS WHEREOF, the parties hereto, having been duly authorized, have executed this Development Agreement. DATED thisJt1 day of, t.dtu,~, 2009. EAGLE: ..........", .., '" .' G "'GL~ I, .. V". C ,#. .' ~ .......... '...... ... 0.. d~T~ ...... ~ . ~, 0'''' ~-- . ~ \. ergmann, City <0erI8'" .', .-: ~ i . u , ~.v:;..... .. G.~. _ . .. .v q. -, . ..... ~ ~.~l ... INCOv..'~'~ ~ " .... ....... 0' " ST A 1'~ ",.... ... .."", CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State Ofldah~,. By: ;L{h Phil Bandy, Mayor ) STATE OF IDAHO ) : ss. County of Ada ) On this a day of ~ ldl JJ /J J).Jj , 2009, before the undersigned notary public in and for the said state, persona~hll Bandy, known or IdentIfied to me to be the Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged to me that said City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ~ Notary Public for Idaho '? Residing at: . My Commission Expires: Page 19 of44 K:\Planning Dept\Eagle Applications\RZ&A \2007\A-16-07 & RZ-23-07 da cc ful ver.DOC APPLICANT: SB/CH Land Company (Flack/Carlock), LLC, a Delaware limited liability company By: Corinthian Land Investments, LLC, an Idaho lim' ed liability com any, Its: Managi e r ng Officer It. STATE OF ~ ) : ss. County of SO-II fYa.t'\c.i~ On this 20fkday of H:..0VlAo.K1j ,2009, before the undersigned Notary Public in and for the said state, personally appeared Vkp~en Pdc.fA , known or identified to me to be the _MPut\~~ 1>)'rt"'r~ of Corinthian Land Investments, LLC, an Idaho limited liability company and Managing Member of SB/CH Land Company (Flack/Carlock), LLC, the limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Y..A.. ..... -<f'- .A... ..... .A.. ..... ~ ......... .A.. ......... ...... t . MAURA MIlANO .- . COMM. #1792743 "V 8 fit NOTARY PUBUC-cALIFORNIA g CL SAN FRANCISCO COUNTY .6 '"Of" __ __... ~~'~~:':O~ ( _M am IJt . ~Ai.eaA M Notary Public for Idfthtt COJifor-l'\iA Residing at: FD\M ~latV'~ C.~ I sW1e ';':3'30 Sl="l cA My Commission Expires:-.Ma,yc..lA ~I ~O\d- ~Lt\\\ Schedule of Exhibits: Exhibit A: Concept Development Plan Exhibit B: Legal Description of the Property E~ili"C:h~nLmdllieM~ Exhibit D: Typical Housing Styles and Lot Layout Plan Exhibit E: Eagle City Code Mixed Use Land Uses and Schedule of District Use Regulations Exhibit F: Architectural Styles Exhibit G: Park Concepts Page 20 of 44 K:\Planning Dept\Eagle Applications\RZ&A\2007\A-16-07 & RZ-23-07 da cc fnl ver.DOC ~i+k lti~ ~ I. . ~ S .re:"'. o"\. ',1 _; ~t I:. ~ ;L:~ ~-.::-} l.l .~ ~../.,.j I - ---~l"..=-- i " !" i Exhibit A-I ~ il.. <';. i' _...JJ-'. ~- ~ 1 I : : 911'~'i !i:,.h_ ~'i i ,','I f 1: I EXHIBIT A CONCEPT DEVELOPMENT PLAN r::;, c L r-- j - {"I; :: 2 .. . . t -. . ~dl ! K-. ! il , ; ~ f ~ t . . J ! i .I . . . I ". ~u ::1 c i IU ii: iJ ~~I i EI ~ _ f .~I ; S I . ~ i~ ,- - :1 ; f~ f Hi ;~ f~r- f . ! ;; ~ :il ~ s rf~:I'.1 e , ~ ~::.:.:~; :.. ':' I ;r-;~;" r i '~::;'I :II I r :..; = = I ~ I ,E I Ir!~ ~~i :: ~~l!:j ,; ~ ~hib . ~. . ~ ~ ~ f it ~,f~1 ~~~~" o. !.=~f j ~'.' ii -!Io" ;l1!!!~ r~~~ ~ ~ IDIJ[IQOIC JJ=:JD iJ;!~: ~ ~ );" '.' :;3 (0; ~j ~ o u ~ ~ .2:- ~ ~ Q) u K~ .........:J CIj ~ u ~ ...... Q) ~ ~< ~ L""ll,u:ll r-LANNl'h-. ~TBJ1 rll ~~ C.fnl, C:NDIa.:EZ:n~...r. or L...NC'IoC",.. A.j:(;H"'LI:'l'u-n. rg L"",,, .,.......I.:T It ';':J (in"! Wlldlrl(.l C.fOfl llti\lI t!!JIUII t.Jfo II, "t:lJ.r2~6_~OD .DIII2~6.rJ:2D ymr(, "''1l1e:;on <11II rAW .....L-fh.!,ipt Ct;ffl Exhibit B-1 EXIDBIT B LEGAL DESCRIPTION OF THE PROPERTY A pllmel oflaml :r,ituale III Section 34 Ilnd the el:st hnlf of lllC &flUlbcll!ll qutu'l17of Section 33, Township 511lorth, Range I Wesl, Boise Mcridiun. Jlnd [he north hlllfofs.cclioD 3 l:mJ the nortJl MrfClfScC:lic/n 4, Township 4 North. RUJI,gc 1 Wc.<a, Bo-i~c 1\-1cridiJUt. Ada Cnunty. Idaho, being more I'UTliculnrfy dc:>crihed EIS follows:; Commel1cing It! the soulhe;m COl1lI-C:" "fSection 33, Township 5 Nllrth, Range 1 West, Boise Meridian; Th= N89"44 , 14"\l,f, 1 305,86 feef along the south lille ofS.cc:tiotl 33 to tbe sCJmhwC!>l corm:,. of the ea.~t hal r of .'i'OuthCltl>1 qU:1I1cr of S<:ctinJl 33, Ibe POINT OF BEGn-:NING: 'Inencc NOTI S'35"E, 2647;68 fc::1 along the we~1 line Oflhe CII;:,;I half oflhe llOUlheIL'>! qUartc::r ofScctiol) 33 10 the n(JrthWC.~1 CMICT ~flhe cas1 hrJlf of tile: :iOutbeasl qunrtt:t" of Section 33; Thcoce S!W"OO'S5"E, 13 16.85 fCe1 along !lIe n0l111 Iille: of the Cltst haJfofthe southC1JSI Cjuarter ofSccti011 33 10 Ihe nortJl'\\'csl comer oflhe soulhwc:;:1 quaner of ScctiQ1l14; Thence S89"10'14"E, 2637.44 feet along the north line ofilic s-oumwesl quarter of Sedicm 34 10 the northwest CCJmcr oftne Jlortllwestlj'Uarter of lhc sotJlli~ q'llaner -of Section 34; Thence 889"11 'OS''E, 736.51 fed alon~ the north line of the: nort!m'cst guane:t of the southeast qumtcr (IfS~tion 34; TIletlcc NOD":)j'] S"E, 429.00 feet.; Thenoo S89"11'OS''E, 577.S0 feet 1() the eu..o;:tllne oflhe r.(lulhw~l qUaJ1t=r (lfthe north=l quarterofSectjofl 34; Thence SOO"3)'] 5"W, 429.00 feet alon~ tb:l east Iincofthe southwest qual1e1' of the northeast quarter of Semi on 34 to the northeast comer of Ihe nor.l!west quarter ofthe southelLSl qUIlI1C'.t of Sccdon 34; Th<mre 800"36' 52"W. 3213.53 feef alemg the e.a~lline of the JJorthwest quarie:t of the soufu~t quaner of Section 3,1; Thence SS7"34'01'W. 27.44 foct; Thence S34"49'O'''W. 240,70 feet; Thence S41 <>2S'07"W, 1 0130 feet; Page J (If3 ~ AnnCl:.IlHon DescrijltiQl1 ConHlltu:d . ,. Tbenc:e S31''38'5J'"W, 213.32 foct; 111CIlc:e S?-O"37'OT'W, 116.40 fect; TIIC;!)CC S3S"24'07''W, 168JlO feef; 111t:IIIOC S r 3"24 'OT'W, ] 26.00 feet; TItL'nc.e S 1 8"25'13"1; 173.42 fccl to l!1I:~ oouth liD(: (~f[ne northwest quarter of the south~l Cjl.1311c:r ofScc[itln 34; TIleJ1CC S@"SO'2..'i"E, 116.14 teet; TIIf:nc!: S20"40'35"W, 77.40 feet; Thenoc S49"56'3S''W, 199.58 feet; Thcnc:e S40"'JT3S"W, 2(,,135 feet; Thence S46~9'35"W, 218.1 g fee!; Exhibit B .. 2 Thence S(i(j"5S '3 5'''\V, 129,] 6 feet; ThcnceS28"3(1'35'"W, 77J~O [eel; Thc:;n{:e S29"33'3S"W, 105.37 feet; Them:e SI5{>3T3S"W, 96.98 feet; Thence S26<>Sl')S'''W, 377.85 fecI 10 tile ::onfh line {)fth~ southeasl qlUlrtfoJ' o-ith~ soulliwestquarlcr ofScetion 34; Thence S89"03'19"E, 33.01 fee! alOllg the south linc ofsouthC&~1 quancl of the s[JtJthwes.! qU!lJic:: of Section 34 to the northtm..<:1 comer OfUIC nClMwcr.r qWlT1e< of Section 3; The.riee SOO"46'56''W, 25.00 fll!:1 alcmg the C~S[ lim: ofrbe northwest qut!rtc.r of ScctiOIl :I; Thence N89003' 19"W, 2637.16 feet along f1Jf;! roucb prescnptive nghl-of-WllY line of West BeaCOll Ught Road to the easlline of the no.-thO/lst 'fIU'-rtC:r of Section 4; Page 2 on Exhibit B-3 IUmcxati~J1 ~P[iOl1 Continued... Th$nCC NS9"44'14"W, 1;306.86 feel U]OfIgl~hc Mulh }WcSCllpJivt: riglll-of-WllY lint: of West BOIIcon Ughl Road Alld the wl~lCl'ly cX[Cll~inl1 InCrl'(){"tn (he Wcs.1 lint: ofeh!: nOI1!lCIIIslt!~RrtcJ. of ~ C:r:.1 ioo 4; ThelGce NOfl'''59'40''F.. 25.ClO feci ,1l{tllg the WCf,t line of the northe..Q!11 qtlllrier of Section 4 1,111Ie POfi>lT OF BBGJNNING. The ~b()\'c dc.~cribcd p1."fceJ o;:mlains 291.43 ~cres more o.Ic..~:.. Subject 10 noy Ci!l!;t'mcn1s or rights-of-way (If n~[lrd fir lIJlPltrcJ1l. Prep-ared from infon:nattOfl off('c.om. Pllge 3 of3 Exhibit C - 1 EXHIBIT C FUTURE LAND USE MAP ,.. l i t.> Q ~ I :,J) Z. c. I if I - ~ ,: t i~l ..: ~ ... :;.w :J <i l ;f ~ tH?UlU.! t.1 ,l t ~ '- ~ .,- ..,r. .' .. [ IH~~'1 ". 0 ~ ~ ';i'!:![,lJr!'11h~j .r Tl ~~l . ~t . -Ill 1 Ri-- "'t-p ..,tH! t lL_H~. t.J f . r .... ......' . .l'1L"i. m:;1. 0= 1i.! .. ~ t - r I r 1- f- ) I ~.. .-.t-- 1- 1';;' 1 1 ' '.-. . .:....:111 ~ ~ I i~.~. ~ . _....1 f.:r ~. 'r - .. " ;0;]1'-- ~..I 'L ! .1 . " u.; - _ ~; Exhibit C - 2 z+ ~ . :11 I ;.1 0. ro ~ cv ""I"- :;)0 ltl"o 'OJ C N. rorol"- W-lN \.d O~~ >-::J- I :=:::5E I Uu..~ I Ul 0 ::;:Z ..c a o l.J... "0 ... di 8"," ... i .. -;- t. ~-~ .. ., ~ 1i~e ,.-<;- o lII'.-- ~~~ uO - ",-I' ~t$ 5lJ...~ _..-51 s~ s ... tJt ~.9- :;IG:lrr~ i1~~i =: ,g: :J 4_ ...c c: [0 i -' ",pj G'.- 0 ~ :; it ~~ g lJ i!l e:: lilll< I .." .-. ! :.: i;l ;;l ~ "2 ~ ~!! ::.~ ~~, sE~~ Q:~utt: ,.;.~~ ,~ ~PtS9;n~ 1:;1::; .... ,e ~ i?} >-<:'~~~B~ Q) t::"u..(J~ -,..., ~ [flotl Exhibit D - 1 EXIllBIT D TYPICAL HOUSING STYLES AND LOT LAYOUT PLAN ~ ~....,,4S..i~ ~ O'-'~~::A~ ......, .. li.... ;..:l~it,... f t~ '" It~?'~...:-.. ....;;.~!l3~ '., ,\, t~-"- . \. ...-l. \ '\ ..'...... '\, ~. ;;, '" '""~. ";to4lo:' .....-...;,;; -.=o~.. l'".._;;..-,-_ .. ". ~ - - ,..." \ . ..,,_-....-, ."- Ii.""':,,, -_....~.::~ ~'~.n.:-'..-.1:~.~~-~ ... ........ . 11 J.-J'--, - "",~ 1 ....... .;.. ~ --~,..~, " ., ".. -',--,', ,~s;;:~. ',_';. f---... '. ~ - ..........'.> :;'':.' ..!.~......... 1" ',." ~ -. ...~~r::~~~ ,~. ~~~ Co '\ '~.l "". !:J'-- -.'" \~,t;i ..../ - - tl. "~.. ' '-,.:t:..r .... ,~, '4, ~ ,. ----, "'~~-----' -~-,-~ ,--: "',. --- ......... ~ ~ ".- I \ '-- 1;-,:;: i' rl~:"'_"'\~P= , , I --_. .'~i"i-'1 'f ,- =-' ~.::: \~h"" lri::;~,J,!\;: - I ~ -' ..., ," - -... \:y- ,-'J,,-, ,. --(-...y' "............ '\~ il'-"'::: -J' . ~ 2 "... _of I<'\~!.,;..j"- I I , Ii 1""", ~~ I~~~; _' ,~~~ "'~.s. 1:111' 'II .~ ~sB'~ '.~' Ie '--- I ~"~ =~ll, I ~. j~lS~;";~~, - ~!--il'l "~~I: -:- ~~~ I '" ..., --', I _-- _.I__..__..r_..' I ... 1,'" I [I t ' J " ;"~ li.Iu!.:.~,,-, I~"~ "', rl }!.1 . p. -:- ';d>.:.FAJ-..lJl:.:\_.. II II~ ~'.. d'~ · II' _ · T ;.,,-~~;..~'-~'-' ""ILZ. 'I_ II .. ,.' - -- I ~o,,"l. r 11 1'.4 ... .:L- ~ -':~==-...' : '1------------.:;;+\ i~j .*1-__. - ", J! f,.,,, 'B ';IF/.___.. · ~'\ ""'" '. . . la.:''''' , ~ ~II~I l..!,>.,~~-rj. r":r';:(~:f". 5 'Ii-,., ~ r:: . },IJ . :~ rfii:.U'1n15~:,-~ :~~r,:1 ~ ll~~."",,;-. "...I..~.'1...~...I..'.~-r---..--- 'i'O' II. I:.~"~."i ) I' _.~. '2 f~~ j:;;~ ol r-=- -... d i: .'1 ~~' ~ II I '::;: ". ";2'.~ . . --,,<'., (T',' // ~o' <tl ~ ::: ,::: I' " .~ - . , ,. ~'.J'f~. r .~ · 2 jj:~~5U'it.,.. .~,'/ .A<ri../ /: ~. .~_.~~ ~.l-L:b-' f~~'~'~~~l fl-' - I .../ ,';~-\~~~;~~~:.ll; ~ . ~ '. .." / .. ",a.. ..~' i".::i--p.....".,. fJ. , "" I' I'~ " ~~,'" ;r- ;,~\;.. '>:' ; ':1 "lfi,,-=-;-~r .... .'l1...J' ,'~"i'~*'~ fj-r~';1 # l. . :.ij~~;:-': ....'X.l;~; '.:"......~ .,~..a.'. ' 'I I I ";'..~\::, . ~,,; /J.> '0":: · . -- i I q ~~.......~~;-lf;!!"J".,., f# " u,....". " ~ I ...:::;,-"I:5i"".. ,~;,T.J... ",'. ........... I '\. ,.P'"f"_ - 'ir:..___ -f....... ....--__ ___-.:: ',~-----_..!_.;,;:;;_I",.. ,~,..:.-- "" tI . r...::;.... ~- - .._..::--..;:.-----";;.____.J1 ~~---:--...-~... Nt' p -.. f ...,. . i! ~ ! r , i .. ! ~ L I 'i ~ ~ ~ ~ : " ~ l it ~ .. E~ f f ~ f ~ f3 t s ~ ! r H t G .. ~ f H r ~ ~. i:- ~ f i ~ ~ ~ . ~~ t .. ~ ~ ~ ! ; ; if :! ; r, ~ . ff ~ ; ~ , ~ " i . .. . w tu I ~-. I[IC--i"l-.,r- ., I ... I __U_ _1:.._ -' ~:I: : I' . . (.I~ =tl -= = = P b 3 5 a u ~ Q) .1""'4 > C'CI ... ;.... Q) ~ 1:;,- - - o U u :J :r: u - -- r;; ~ Exhibit E - I EXHIBIT E EAGLE CITY CODE MIXED USE LAND USES AND SCHEDULE OF DISTRICT USE REGULATIONS &.2-3: SCHEDULE Of DISTRlCT rSE REGlI!...." TIONS: Pllg~ 1 of 8 8-2-3: SCHEDULE OF DISTRICT USE REGULA nONS: District regulations shalt be as set forth in the official s::heduleof dtstrlct regulations, In the performance standards in chapter 3 of this title, and as otherwise pr-ovic:led within this cor.ie. The official schedule of district regulations IS divided Into fIve (5) land use groups: agricultural, residen,tial, comme.c1al, industrial, and public/semipublic, To determIne in which district a specific use is allowed: A. Find the use in one of the land use groups; 8.Read across the chart until either "pw or wc" appears In one or the columns; and (Ord. 29B, 10-14-1997) C,lf"P. appears, the use is an allowed use; if"C" appears, the use is only allowed upon the issuance of a CQndit~nal use permit and/or a development agreement upon rezone to an MU or BP zoning designation; ir no letter appears the use is prohibited, The administrator shatl interpret the appropriate district for land uses not specifically mentioned by determining the district in which similar uses are permitted. If the administrator determines that a proposed use is not specifically mentioned and is not similar to any specifically mentioned_use the administrator shall determine that the use is prohibited. \l\lhen several combined land uses exist, or are proposed, the most intensive land us.e shall be considered as the primary activity, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS (P - Permitted Use 1 C . Conditional Use I No P Or C - Prohlbited Use) LAND USES DISTRICTS A A. R- R L. c.. C. C- c. CaD M. BP M. M. PS MU R E OA 1 2 3 1 2 3 AGHICUL TURAL Agncuftural and P fo rest Dairy farm C Farm P P Farmer's markets P P P P (ouldoor) Feedlot and C C stockya rd Horticulture (general) P P P P P P P Horticulture (limited) P P P P P P P P Roadside stand P P P P P P P P P (temporary structure) Turr and/or tre e farm P C l1ttp ~ii\,,\'w _sterlingcooiliers,com:ID/Eaglctl OOOYJ0000000300D, hlm IOi1/2008 8-2.3; SCHEDULE OF DISTRICT l:SE REGUL.-\TIOl"S; Page 2 of'8 Vineyard P C RESIDENTIAL Apartment CC C C Boarding or lodging CC C C house or dormitory Home occupation P P P P P P P l>l1obile home (single C C unit) (primary residenoa) Mobile home (single C C C C C unit) (temporary living quarters) Mobile home court C C C (RV) Mobi[.e home park C C Multi-family dwelling PC C C C Planned unit C C C C C C C C C C C C development Slngle-famUy dv"elnng P P P PC C C Two-family dwelling P C C C --- _C_QMMERC1AL Adult business C Airport P Ambulance services C P C C C Anima! shows or P C C P P C P C sales Artist studios P P P P Arts and crafts shows C P P P C Auction facility C C P C P Automotrve body P P P C P shop Automotrve gas C P P station or fuel islands Automotive gas P p stationl service shop Automotive, mobile C P P C P home, travel tra ile r. andfor farm implement sales Automotrve repair P P P C http ~r/www.sterlingcodifiers.com..lDiEag1eil 0002000000003000, bun lO/li2008 Exhibit E - 2 &.2.3; SCHEDULE OF DlSlRICTrSE REGULA.TIONS: Page 3 of8 Automotive storage C P Automotive washing C P P P C C facility Bakery plant P C P (whofesale) Banks/financial P P P P P Institutions (no drive up serv ice) Banks/financial C P C C P institutions (with drive up service) Bar C C C C C Beauty/barbershop C C CP P P P P P Bed and breakfast C C C C C C C facility Building supply outret C C P C P Cabinet shop P P P C P C Catering service P P P P Cemetery C C C CC C C C C C C Child care Daycare C C C CC C C C C C oenter ----- --- -- Family P P P P C C P P Group C C C C C C C C C C Christmas tree sar,es P P P P P P P P P P Church C C C CP P P P P P Circuses and C P P P C carnivals Clinic P Club 0 r lodge P P P P P Commercial C C P P P C entertainment facilities Ondoor) Commercia I C C P P P C entertainment facllitJes (ouldoor) Communicatio n C C P P P P P C facilitie s Convenience store C P P with fuel service Convenience store C C C C P P P P P http ~"'/I\ w\.' .sterlingcooiliers.,comilDiEagl ~i J 0002000000003000, hun J 0/1/2008 Exhibit E - 3 8-2-3; SCHEDLTLEOFDISlRICT1~SE REGULI\TJONS: Pag~ 4 of8 with no fuej service Detention facilities C Dti,re in theater C C C C C Drugstore C C P P P P Electronic sales, P P P P P P service, or repair snop Emergency heam1 C P C C C P care Emergency services C C C C P P P P P P P P P P Equipment rental and C C p C C C sales yard Ffex space P P P P Food and beverage C P P P P P sales Hardware store P P P Hearth clubs, spas, C P P P P P weIght reduction salons HeHports P --~-- _ _E:lome~andbusiDess_ .-- _E--_P_ ~R. -p-- - E. E serv ices Hospital C C P P C C C Hotel P P P C Institution C C Kenne 1 C C C CC C C C C Laboratories P P P P P P C Laundromat C P P P P P C Laundry (with drive C P P P C up service) La undry (with no C P P P P P drive up serv Ice) Uve entertainment C C C P C P C events Massage spa C C C C C C Mobile office CC C C C C C C Mortuary C C C C Motel P P P C Nonprofit C C http ~.'lwwVi'.sterlingcodifjel1i,com,'lDiEagle/ 1 0002000000003000, him 10/1/2008 Exhibit E - 4 &-2-3: SCHEDULEOFDIS1RICT1.-SE REGUL,;TIONS: Page 5 of8 rehabJlitatio.n center Nursery, phlnl P C C C p p p p p p C materials Nursingloonva lescent C C C C C C C C home Office, business and P P P P P C P professional Parking lot, parking P P P C P P P P P garage ParJ<jng 1o-t, park~ng C P P P C P C C ga rage, commercial Pawnshops {auto) C C Pawnshops (general) C C Persona r p P P P P P improvement Personal services P P P P P P Personal wireless C C P P P P P P P P P P P P facilities (heig ht-35 feet or less) Personal wireless C C C C C C C C C C C C facilities (height-over 35 feet) Photogra phic studio P P P P P P Printing and/or P P P P P P P blue printing Professional activities P P P P P P Restaurant (drive in) P P Restaurant (no drive CC P P P P P thru) Restaura rrt (with P P drive thru) Retail sales (general) C C P P P C Retail sales (limited) P P P P P C Retail sales C P P P P P (pharmacies and medical) Riding p C C C academies/stables Shop, contractors C P P C P (and/or yard) Shopping center C C C P C http ~i,lwWVi' ,sterlingcoditien;,com:lD/Eaglc/ 1 OD0200000000300D, hun lOil/2DD8 Exhibit E - 5 &.2-3: SCHEDULE OF DISTRICT rSE REGULA nONS: Page 6 of8 Shopping mall C C P Sign shop, including P P P C P C painting Small eng ine repaiir C p P P C C (mower, chainsaws, ete,) SIQrage (enclo-sed P P P P P C P P C building) Storage (fenced CC C C C C C P P C area.) Street fair p p p p T[fe shop, iocludirlg P P P C recapping Trade fair P p C Travel services P P P P P P Truck stop C P C C Upholstel)' shop p p p p C C C Vet clinic (animal cce p p p p p hosp~tal) Welding, tool shop C P P C P --- 'Wo:odworking shop p P--~ e C_E C INDUSTRIAL Asphalt pia nt p p Automotive wrecking C C yard or sa Ivage Beverage bottling C C P plant Billboard C C P manufacture Cement or clay p p products manufacturing Chemical storage C and manufacturing Concrete batch plant p p Dairy products C p C P P processing Food processing C p pia nt Fuel yard p http ~i/www.sterl;ngcodifjers.com'1D"Eagle/] 0001000000003000, him ] Ofl/2008 Exhibit E - 6 8-2-3; SCHEDULE OF DISTR1CTt~SE REGLTLI\ TIOt\S: Page -; on: Grai n storage C P lee manufacl:ure,coid C C P storage Industry Custom P P P C Umited P P P C Research and P e development Junkyarcl C C Lumberya rd, retail C P Machine shop P P P e p Manufacturing. P e p furniture Mobile home P manufacturing Monument works, e C p stone Petroleum storage C C Plani ng mHl P Public utility yard C C C P Railroad yardorshop e C P Recycling operation C Rendering p~ant C Resea rch activities P C Sand or gravel yard C P Sanitary landfill C C Stockyard, C slaughterhouse; meatpacking Terminal yard. e p truck,ng Truck and equipment C C C C P repair and sales (heavy) Warehousing, P C P wholesaling plant Wood processing P pla.nt PU BL I C!S EM IPU BLlC http ~f/www.S;terlingcodifiers.com..ID...Eagle/JOOOJOO0000003000.htm 101l/2008 Exhibit E - 7 8-2-3: SCHEDULE OFDIS1RlCTrSE REGl.TLATIOKS: Page 8 of8 Golf course and e e c ce p p p p p e related servioes Govemmenl buf1ding, P P P P P P P P P offices Libra ry ec p p p p p C Museum CC P P P P P C Pal1tand recreation C C C C C C C P P C facilities Portable classroom P Public service C e c eee c e e c c e e c e e facilities School. public or C C C CC C C C C P C private (Ord. 298,10-14-1997; amd. Ord. 325, 8-25-1998; Ord_ 334, 6-9- 1998; Ord. 357,1.25-2000; Ord. 366,3-21-2000; Ord, 373.12-12- 2000; Ord, 405, 1-23-2002; Ord, 422,4-23-2002: Ord 521, 6-28- 2005 ) "Up ~ilwww.sterlingcodjfjef1i.com..lD/Eagl~l1 00020000D0003000,btm 10/1/2008 Exhibit E - 8 ~2.4; SCHEDULE OF BDWING HEiGHT ,-\.,lIJD LOT AREA REGULA TIO~S; Pag~ 1 on 8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS: OFFICIAL HEIGHT AND AREA REGULATIONS Mintmum Yard Setbacks Note Conditions A ToP Zoning Maximum Front Rear Interior Street Maximum Lot Min~mum Minimum District He ight Side ~c1e Covered F Lot Area Lot And j. (Acres Or Width I" Square Feet) W A 60' 60' 30' 3D' 45' 10% 20 acres 100' A-R 35' 60' 30' 3D' 45' 10% 4.7 acres 100' R-E 35' 50' 30' 2D' 35' 10% 1 ,8 acres 100' R-1 35' 30' 30' lS 30' 35% 37,000 100' R-2 3S 30' 30' 10' 20' 40% 17,000 75' R.3 35' 30' 25' 7.5' 20' 40% 10,000 75' R-4 35' 20' 2S 7.5' 20' 40% 8,000 70' R~5-3-S 20'-25' 7/3 20' 40% 7,000 70' R..fj to 35' 20' 2S 7.5' 20' 60% 7,000 50' R-25 L-O 3& 20' 20' 7.5' 20' 60% 2,000 25' C-1 35' 15' 0' 0' 10' 50% 2,000 25' C-2 35' 0' 0' 0' 0' 92% 1,300 25' C-3 35' 0' 0' 0' 0' 92% 1,300 25' CSD 35' 0' 0' 0' 0' 92% 500 25' M-1 35' 0' Q' 0' 0' 92% n/a 25' BP 35' 20' Q' 0' 20' 50% n/a 25' M-2 3S 0' 0' 0' 0' 92% nla 25' M-3 35' 0' 0' 0' 0' 92% nla 25' MU 35' 20' 20' 7.5' 20' 50% 5,000 50' .. Note Conditions: A.Setback reductions (to be measured from ttle foundation to the property line); L No portion ofthe structure may extend more than 2 feet into the side yard setback; llttp ~llwww.sterlingcodifi.m.com..IDiE:aglcn0002000000004000.htm ] Oil /2008 Exhibit E - 9 8--2-4: SCHEDULE Of BnLDING HEIGHT ,A...ND LOT AREA REGtJLA nONS: Pag~ 2 on 2. Open structures such as porches, canopies. balconies, platforms, carports, covered patios and similar architedural projections shall be considered part of the building to which they are attached and shall not project more than 15 feet into the required rear yard setback; 3. Open porches for residential dwelling lInns shall not project more than 5 feetitlto the required front yard setback; 4. A single-family dweiliog unit that utilizes a side entry garage shall be permitted to have a 5 foot reduclw[l in the minimum required front yard setback provided that the distance is no less than 20 feet, and no less than 15 feet wr.hin the MU zoning district. measured from the foundation of the garage to the propert)' lin-e, B.Additional 5 feet per story side setback is required for multi-story structures, Height not to exceed maximum aJlowed within the zone, C.AII residential buildings In other than agricultural or residential districts must meel residential official height and area regufations. D,Fron.tyard setback from arterial and collector streets (as identified on the transportation and pathway network plan In the Eagle comprehensr...e plan) is 30 feet In all residential zoning districts. E,Street side setback on arterial and coHector streets (as Identified on the transportation and pathway network plan in the Eagle comprehensive plan) is 25 feet in all resjdential zoning __districts. F.ln order to stimulate the rehabilitation and revitalization of the existing neighborhoods where the currently platted resldelltiallots are less in size than the 7,000 square feet per dwelHng unit, applicants desiring to exceed the authorized 40 percent maximum lot coverage may app'~' for a conditional use permit G.AII front load garages shall be set back a minimum of 25 feet from the back of sidewalk. H,Atllots with street side frontage, excluding lots within zoning districts A, A-R, R.E and R-1, shall have a minimum lot area that is 10 percent larger than shown in this table, l.Lot width shall be determined as follo.ws: The distance between side lot )jn~ measured at a point midway between the front and rear lot lines. Minimum lot frontage, the portion of a lot front adjacent to a public or prIvate street, for all residential zonIng districts shall be 35 feet. J.Chlldcare facilities, churches, nurslngfconvalescent homes (which include senior asststed living facilities), schools (publio or private), which are propo.sed within an agricultural district (A), agricultural-residential district (A-R), and/or residential-estates district (R-E) shall be permitted an increase of the maximum Jot coverage from 10 percent to. 24 percent (Ord. 566, 5-15-2007) hnp ~.'lWWVi' .sterlingcodifiers,comIIDiEagle:! 1 00020000000Q4000,btm 1 Oil /2008 Exhibit E - 10 EXHIBIT F ARCHITECTURAL STYLES ... . ii ~ "0. :::; ;z; :~ , '1 7J t:' tl .. :; - -:.; \~~=- 3 " ~-,~.:" ~ ~, ;.; (-~;l~= ;, -:;, ... ~ ~=:l Z ::; ..... ~ :...l ~ ? ~ .... :.; ~ < ........ :- ~ Z. :.:J Cl 0 9 -- :::: g t; ::3 -~ T Z ~ .~ ~ ~ C~ c. f2 :::: i: ~ ~ 0 -:: ;;: :... ~ :::i .... ~ .0 ...:J :.:J .~ 1::: ::: z ~ E 0; =:l 8 :::=: Cl) .~ 0<:. > <:.) :J ...J :..; - ro . :::: ~ u ~ -.. C) :::J i:I) ~ -<:: ! i ..: F . ;:. ~ ~ ~. '" .J - Exhibit F - 1 ~ I: 'I: I~ .~ 5 .p. l:"'" .~' - .. :s u Exhibit F - 2 t~~~f 1"', t.-.: ! . \ -- ~~. ~. ,.~ ~ r::- ~ f-7 I~ ffi, ~.~ ~ I ~::tl "- ....--1 '" ; J ~ .~ .~. .1 I: I~ I: ::- Ej ~ 7- !l: :.;: u z ro, U .... U ~ ~ = ~ .2~ ""z o ~ ~ Z ~ .... o o 2 ~ :J :::i .~ ..., ..- z -::: ~ :..; ::: ~ .., ::- ~ ~ ~ D ::::; <:: %. ~ 0 ..... "'" l-< ~ ~ ~ ::::l .~ -< ~ = !:. r- ~ c 0 c ~ Z ::'l Q) 0 .... .~ "" .poooj ..,.. u ~ >- 0 -.:l U ..J Cij :i H '~ H ....... C!) :l:i .:1) ~ < Exhibit F - 3 ~ ,. ~ :;) ~ ..., U < I" I, r · i I~ I: ~ E= -~ :::; - :; U ?!' --0 7-: ~ -:;;:J ~~ ":::l ::~ -' 2 :.- e: ~ (,) I::) Z a; ::l "'" - '-oJ ~ W :-- f: :.:.J ~ :::: - ~ ? .- S a ~ ~ ~ r- U ",,\ :::; -" , ..... 1,0, ::J :< ~ 1118 >- ~ z ~ g :;l -< ~ 3 =- .;~ ~ !:::::J :.:.J J.:< -."" G ~~i :.:.J z;. ...::i .- 'e-.J :.:.J ,.. ''''< !: .... :..; ~ 9 =- z; ,.. f: ::> <J) 5 - u IE ~ ...... Q ::E :>- 0 j u ad - ~ .... u ~ - <J) ~ c/) ~ -<I: Q 0 0 - ..... C l:: c: l:;; Z ~ 5 Co -< t== ,; :I 6 #I~. -<: :: - >< r::: ;;J D < ~ r... Z t;:J ~ ~. ::;j ....:I ~ I.;.l - ~ ~ ::: Z Q) .:J u ::;J .~ q :;a > 1 - - ~ ...J 0 ~ ::c~ u ;...c U L: ~ --.. 0) ~ U:i E-f -< ~ ~ 2 ~ .., :2 ~ S ~ Exhibit F - 4 :or. c ~ tIJ Q .... < ,:;;l jc; ~~ !:..... ~ ~ ~ '- < c;: '1~ . . . , I: I: ~ ~ i ~ .~. - 5 ,.. 8 o 2S ~ ~ ..,., - ~ ~ ::: ~ t: ~~.~ ~ U ::::: < Exhibit F - 5 >- ::.:; :.l V < ::2 ~ ,.., -- < ~ ~ ~ ;;; ~ .... ;:; w::: ~. ~..;. 11.I0 .~ Jl~ L1~ ..<=; ,...., ij ::J ;;..;> J =.... 'is ..=-.. '"~ :J ::::: ::J .... G r:, -. ;J < I.' ~,' .~ t ia" :.:J _ :.J . 3 a~. :.J _ :- :I' ::, .:) !";..... ~.,... ;.J ;;:;3 2:l ::,) -' g ~ ..... ,..., ::) ~ .- ~ :-- ;;., ~ ~ o z - ~ ~ f: .... %. ::J :.::: ::::. z. ':'J r':o ~, '- - - ~ a ~ ~ (J) 8 .,...... U, >::3 cd = ~ u ;...~ 0) cJ) E-1< Exhibit G - I EXIllBIT G PARK CONCEPTS ~..~~. ,.~...........~..:~~-- -j~_~ .,.' l, \\. P'1 .'. -- ..; ..:b ,,~n" ., \........- ~ ~ \__ ..e.,-. 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