Development Agreement - 2000 - Eagle River - 1/25/2000
Eagle River Development
. Development Agreement including Design Guidelines
. Approved Parking Lot Light Fixture
. Master Sign Plan for the entire development
RECOROEO- r""f}UEST OF
AOA COUNTY RECORDER -'1 fdJ- ~ /JII / ... /J -L--A
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MEMOM~HUMIOF DEVELOPKaN AGREEMENJ'
2000 FE t 6 AM 9: 39 /i: L I 0 0 0 I I 6 9l
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THIS MEMORANDUM, made effective this 25th day of January, 2000, by and
between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("City"), and
EAGLE RIVER, L.L.C., an Arizona limited liability company ("Eagle River").
WITNESSETH
City and Eagle River are parties to an unrecorded "Development Agreement" dated
the 25th day of January, 2000, which was entered into in connection with the zoning of the
Property described on Exhibit A attached hereto and incorporated herein.
A full and complete copy of the Development Agreement is on file and available for
I
inspection at the Eagle City Hall, Eagle, Idaho.
IN WITNESS WHEREOF, the parties have executed this instrument the date and year
fIrst above written.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws
of the State of Idaho
ATTEST:
B~(~K~
Sharon K. Moore
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EAGLE RIVER, L.L.C.
By:
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Charles Carlise
Authorized Signatory
MEMORANDUM OF OPTION AGREEMENT - 1
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STATE OF IDAHO)
) ss.
County of Ada )
On this R day of l~Jo'('u tl-yL, in the year of2000, before me, a Notary Public
in and for said State, personally appeared RICK YZAGUIRRE, known or identifIed to me
to be the Mayor and SHARON K. MOORE, known or identifIed to me to be the City Clerk,
both of CITY OF EAGLE a body corporate and politic, the body that executed the
instrument or the person who executed the instrument on behalf of said body, and
acknowledged to me that such body executed the same.
~6:~
Residing at _ I :rd.t1J1 {),
My Commission expiresJ;i:{eRJ./~ ~
STATE OF IDAHO)
) ss.
County of Ada )
On this 0-t:b , day of r , in the year 2000, before
me, aN otary Public in and for the State ofId personally appeared CHARLES CARLISE,
known or identifIed to me to be the Authorized Signatory of the limited liability company
that executed the 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 affIxed my offIcial seal
the day and year fIrst above written.
vJ~
NO AR Y PU LIC for Idaho
Residing at Boise, Idaho
My commission expires: ~
MEMORANDUM OF OPTION AGREEMENT - 2
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EXHIBIT A
Property Description
MEMORANDUM OF OPTION AGREEMENT - 3
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PROJECT:
DATE:
PAGE:
94040
September 15, 1999
1 of 3
EAGLE RIVER
EXHIBIT B
DEVELOPMENT AGREEl\'IENT
BOUNDARY DESCRIPTION
FOR
PSIDA, MUIDA, AND C3/DA COMBINED ZONES
A parcel of land being a portion of the North 112 and portions of Government Lots 3 and 4 all in
Section 16, TAN., R.IE., B.M., City of Eagle, Ada County, Idaho, being described as follows:
COMMENCING at a brass cap monument in Eagle Road (State Highway No. 55) marking the
northwest corner of said Section 16 as shown on Record-Of-Survey No. 3021 recorded in Ada
County as InStrument No. 9498747, said corner being located N.00055'47"E., 2640.78 feet from
. an aluminum cap monument marking the west % corner of said Section 16; thence,
A) S.00055'47"W., 551.88 feet along the westerly boundary line of said Section 16; thence
leaving the westerly boundary line of said section 16,
B) S.89004'13"E., 80.00 feet to the POINT OF BEGINNING; said point being on the
southerly right-of-way of line of Eagle Alternate as shown on the right-of-way plans for
Eagle Alternate Route, FAP No. STP-F-3271(033), Key No. 2027, on fIle with district 3
of the Idaho Transportation Department, said point being 168.30 feet right of station
922 +67.39; thence along said southerly line through the following courses:
1.) N.50042'37"E., 105.95 feet to a point 80.00 feet right of station 923+38.79; thence,
2.) S.820 18'56"E., 861.26 feet to a point located 80.00 feet right of station 931 +99.99;
thence,
3.) S.81 039'01 "E., 1184.23 feet to a point of curvature located 80.00 feet right of station
943 +84.22; thence,
4.) Southeasterly, along a curve to the right having a radius of 11379.16 feet, an arc length
of 467049 feet, a central angle of 02021'14", a chord bearing of S.80028'24"E., and a
chord distance of 467.49 feet to the point of intersection of said southerly right-of-way line
~,~!~!~~~t::",~..with the easterly line of the NW% of said section 16, located 80.00 feet right of station
",'l>'~~: C'F ~~+55.03, also being the northwesterly comer of the Merrill's Parcel; thence continuing,
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PROJECT:
DATE:
PAGE:
94040
September 15, 1999
2 of 3
5.) Southeasterly, along said curve to the right having a radius of 11379.16 feet, an arc length
of 1523.57 feet, a central angle of Or40' 17", a chord bearing of S.75027'39"E., and a
chord distance of 1522.40 feet to a point located 80.00 feet right of station 963 +89.28;
thence,
6.) S.71 o37'30"E., 97.87 feet to a point located 80.00 feet right of station 964+87.16; thence
leaving said southerly right-of-way line,
7.) S.00005'45''E., 55.91 feet; thence,
8.) N.89052'54"W., 243.71 feet, thence
9.) N.00036'49''E., 8.00 feet; thence,
10.) N.89052'54"W., 1329.16 feet to a point on the easterly line of the NWl/4 of said section
16, said point also being the southwesterly corner of the Merrill's Parcel; thence along the
easterly line of the NW1/4 of said section 16, also being the westerly boundary of the
Merrill's Property,
11.) S.OQo46'13"W., 209.13 feet; thence leaving said easterly line,
12.) S.89032'44"W., 283.60 feet; thence,
13.) S.66024'04"W., 135.17 feet; thence,
14.) S.43050'26"W., 106.14 feet to the east line of Government Lot 4; thence along said east
line,
15.) S.oo59'44"W., 471.87 feet to the mean high water line of the Boise River; thence along
said high water line through the following courses:
16.) S.84009'16"W., 225.82 feet; thence,
17.) S.84009'38"W., 419.83 feet:
19.) S.oo52'17"W., 491.30 feet; thence,
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18.) S.85047'16"W., 206.66 feet; thence,
20.)
N.81022'48"W., 137.03 feet; thence,
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PROJECT:
DATE:
PAGE:
94040
September 15, 1999
3 of 3
21.) N.76019'08"W., 93.82 feet; thence,
22.) N.60055'56"W., 63.45 feet; thence,
23.) N .790 16'40"W., 146.88 feet; thence,
24.) N.63058'50"W., 137.78 feet; thence,
25.) N.3r59'37"W., 410.61 feet; thence,
25.) N.68001'10"W., 437.15 feet to a point on the easterly right-of-way line of Eagle Road;
thence leaving the Mean High Water line of the Boise River and running along the easterly
right-of-way of said Eagle Road,
26.) N.00055'47"E., 625.24 feet to a point of intersection of the said easterly right-of-way line
with the southerly line of the NW% of the NW% of said section 16; thence continuing
along said easterly line,
27.) N.OIOI8'36"W., 15.62 feet; thence leaving said easterly line; thence,
28.) 5.89035' lO"E., 300.00 feet; thence,
29.) N.Ol 018'37"W., 290.54 feet; thence,
30.) N.89035'10"W., 300.00 feet to a point on the easterly right-of-way line of said Eagle
Road; thence along said easterly line,
31.) N.Ol 018'37"W., 461.40 feet to the POINT OF BEGINNING,
SAID PARCEL containing 93.26 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record.
EXHIBIT "C" attached, and by this reference made a part hereof.
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rqlGINAL
RECEIVED & FILED
CITY OF EAGLE
Recording Requested By and
When Recorded Return to:
FEB 0 It 2000
City Clerk
City of Eagle
P.O. Box 477
Eagle, Idaho 83616
Filtil:
Route to:
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into this 25th day of January, 2000, by and
between the CITY OF EAGLE, a municipal corporation in the State ofIdaho ("Eagle"), and EAGLE
RIVER, L.L.c., an Arizona limited liability company ("Applicant").
WHEREAS, the Applicant and Eagle are the owners of record of certain real estate consisting
of approximately ninety-three (93) acres located north of the Boise River, south of State Highway
44 (the new Eagle Alternate Route), and between Eagle and Edgewood Roads, Eagle, Idaho, all as
shown on Exhibit A ("Concept Plan") and described on Exhibit B ("Property"), which is the subject
of an application for a rezone, identified as Eagle Rezone Application No. RZ-2-98; and
WHEREAS, the proposed development includes properties within an area currently
designated on the Land Use Map of the Comprehensive Plan as Floodway, Commercial and Mixed
Use; and
WHEREAS, the proposed development includes properties within an area currently zoned
"Agricultural" ("A"), "Industrial Park District" ("M-I A"); and
WHEREAS, the Applicant and Eagle desires to develop the Property for commercial,
residential and open space purposes as generally shown on the Concept Plan attached hereto as
Exhibit A ("Concept Plan"); and
WHEREAS, the City Council of Eagle has determined that the scope of any commercial and
residential project upon the Property should be limited to prevent undue damage to, and to otherwise
be in harmony with, the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's
use and enjoyment of the Property while at the same time limiting any adverse impacts of the
development upon neighboring properties and the existing community and ensuring the Proper~..mtu"iq.
developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and ..::iY" C-<1".t"'fl'lt...
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DEVELOPMENT AGREEMENT - 1 l! ";;\
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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 Floodway, Commercial,
and Mixed Use land use designations shown on the Land Use Map of the Comprehensive Plan and
Public/Semi Public District ("PS/DA"), Mixed Use District ("MU/DA") and Highway Business
District (IC3/DA") zoning designations for the Property with the requirements set forth in this
Development Agreement; and
WHEREAS, the owner of the Property has previously provided Eagle with an affidavit
agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section
8-1O-l(C)(l); and
WHEREFORE, Applicant and the City of Eagle desire to enter into this Agreement and for
and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 This Development Agreement is made pursuant to and in accordance with the
provi\)ions of Idaho Code Section 67-651lA and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
COMPREHENSIVE PLAN AMENDMENT AND
ZONING ORDINANCE AMENDMENT
2.1 Eagle has adopted the Land Use Map ofthe Eagle Comprehensive Plan to designate
the Property Floodway, Commercial and Mixed Use as shown and described on Exhibit C attached
hereto and incorporated herein.
2.2 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the
Property that is the subject of the application to a Public/Semi Public District ("PS/DA"), Mixed Use
District ("MU/DA") and a "Highway Business District" (IC3/DA"), subject to the provisions of this
Development Agreement. The portions of the Property to be zoned PS/DA, MU/DA and C3/DA are
shown and described on Exhibit C attached hereto and incorporated herein. The ordinance will
become effective after its passage, approval, and publication and the execution and recordation of this
Development Agreement.
ARTICLE ill
CONDITIONS ON DEVELOPMENT
3.1 Applicant will develop the Property subject to the conditions and limitations set forth
in thi\) Development Agreement. Further, Applicant will submit such applications regarding flood
plain development permit review, design review, preliminary and fmal plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code.
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DEVELOPMENT AGREEMENT - 2
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3.2 The development shall comply with the Eagle Comprehensive Plan and City Code, as
they exi')t in final form at the time this Development Agreement is recorded, except as otherwise
provided within this Agreement. Unless greater requirements are established by said Eagle
Comprehensive Plan and City Code, the following conditions shall be satisfied:
3.2.1 The total residential units to be developed within the "MU -South" portion of
the Property consisting of approximately twenty-four (24) acres (See Exhibit C), shall not
exceed seventy-five (75) units in the aggregate. However, in the event the MU-South portion
i') developed as a PUD, an increased density bonus of 15% shall be allowed if the criteria for
density bonuses are met. Minimum setback, lot sizes, and open space requirements for a
standard (non PUD) subdivision might limit the number of units to less than 75. The seventy-
five (75) residential units shall not require a conditional use permit.
Additionally, the total multi-family residential units to be developed within the Mixed
Use District ("MU") portion of the Property shall not exceed one hundred (100) units in the
aggregate. However, in the event the multi-family residential units are developed as a PUD,
an increased density bonus of ftfteen percent (15% ) shall be allowed if the criteria for density
bonuses are met.
3.2.2 The total gross square footage of building area permitted by Eagle City Code
for all uses within the C3/DA and MU/DA portion ofthe Property can be developed and shall
comply with the Eagle City Code, and Comprehensive Plan, as they exist at the time this
Development Agreement i') recorded, except as otherwise provided within this Agreement.
A portion of the C3 Zone land, as shown on Exhibit A (hereinafter referred to as
"Hotel Site"), is currently intended to be used for hotel (as defmed by the Eagle Zoning
Code) including restaurant(s), meeting and/or convention rooms, and similar full service hotel
uses, and for two (2) free standing, restaurant uses. Eagle and the Applicant agree that the
gross building area of the proposed hotel and freestanding restaurants constructed on the
Hotel Site shall not be counted against the 150,000 Specific Limitations (defmed below) for
certain commercial uses. The hotel approved for the Hotel Site is approved for up to 200
rooms in size and 35' in height unless a variance is approved by Eagle or unless the Eagle City
Code is amended to allow additional height. The two (2) free standing restaurants shall not
exceed 20,000 total square feet of building area in the aggregate. In order to encourage the
development of a hotel and freestanding restaurant(s) on the Hotel Site, the Hotel Site shall
not be developed and improved for any other purposes for a period of seven (7) years from
the date of thi') Agreement. After the expiration of the seven (7) year period, the
development of the Hotel Site for a use other than hotel and/or restaurants must be approved
by an amendment of this Development Agreement.
The total square footage of building area for the following commercial land uses, as
outlined in Eagle City Code Section 8-2-3, "Official Schedule of District Use Regulations,"
a current copy attached as Exhibit F, shall not in the aggregate exceed one h~F\hr~~at;~i!~t:~
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thousand (150,000) square feet on the C3 Zone land and MU Zone land lying west of the
dividing line shown on the Concept Plan:
. "Commercial, Bar,"
. "Commercial, Building Supply Outlet,"
. "Commercial, Drive In Restaurant; Food Stand,"
. "Commercial, Commercial Entertainment Facilities (indoor) excluding
movie theaters,"
. "Commercial, Commercial Entertainment Facilities (outdoor),"
. "Commercial, Drugstore,"
. "Commercial, Drug Store with Drive Thru Service,"
"Commercial, Food and Beverage Sales,"
. "Commercial, Food Store, Delicatessen, Bakery,"
. "Commercial, Home and Business Services,"
. "Commercial, Restaurant,"
. "Commercial, Retail Sales (General and Limited) Store and Service,"
and
. "Commercial, Retail Sales (Pharmacies and Medical)."
The foregoing 150,000 square footage limitation shall be referred to as the "150,000
Specific Limitations" herein. In no event shall the two (2) free-standing restaurants located
on the "Hotel Site" totaling not more than 20,000 square feet in the aggregate be counted
against the 150,000 Specific Limitations cap.
A "Restaurant, with Drive- Thru Service," "Automotive Gas Station or Fuel Islands,"
"Automotive Gas Station/Service Shop," and "Convenience Store with Fuel Service," may
only be allowed through the Conditional Use Permit process.
It is acknowledged that a movie theater or any movie theater/ancillary entertainment
facilities shall not be counted against the 150,000 Specific Limitations and 20,000 Limitation
(defmed below) caps. Additionally, for the purposes of the 150,000 Specific Limitation and
the 20,000 Limitation, businesses that are primarily wholesale or warehousing, but which
include a minor and secondary retail component shall not be considered "retail store sales
(general or limited) or service". Examples of these wholesale or warehousing businesses not
typically considered "retail store sales (general or limited) and service" include, but are not
limited to, wholesale carpet, lighting, plumbing, lumber, safety equipment, medical equipment
and medical devices, and similar supply stores and outlets.
The purpose of the limitations on uses is to emphasize retail uses compatible with
downtown Eagle retail uses and those that are more parking intensive. Parking intensive
businesses are allowed and encouraged within the Property.
DEVELOPMENT AGREEMENT - 4
S:\CLIENTS\3906\3\Devag.clll. wpd
No single retail use on the Property shall exceed forty thousand (40,000) squar~,J~J+,t~.!Sif"'"
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in building area. For purposes of clarification, a hotel and/or a movie theater are not a retail
use and shall not be subject to the forty thousand (40,000) square footage limitation.
No portion of the Property shall be used for any of the following uses:
. "Commercial, Adult Business"
. "Commercial, Automotive, mobile home, travel trailer, and/or farm
implement sales,"
. "Commercial, Cemetery,"
. "Commercial, Drive-in theatre,"
. "Commercial, Mortuary,"
. "Commercial, Storage (fenced area),"
. "Industrial, Railroad yard or shop,"
. "Industrial, Terminal yard, trucking," and
. "Industrial, Truck and equipment repair and sales (heavy)."
The MU portion ofthe Property, as shown on Exhibit A, shall be developed primarily
as an employee based business park similar to the Boise Research Center generally located
on the south side of Chinden Boulevard east of Cloverdale Road, including a residential
component. Mostly office, high-tech research and development, and flex space (as defmed
within Eagle City Code) uses are to be within the MU District All uses shown as permitted
under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule
of District Use Regulations," a copy of which is attached as Exhibit F, shall be considered
permitted uses. All uses shown as conditional uses under the MU zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Use Regulations," a copy of
which is attached as Exhibit F, shall require a conditional use permit, except the seventy-five
(75) residential units in the MU-South portion ofthe Property described in Section 3.2.1 shall
not require a conditional use permit. In addition to all other uses prohibited within said
section of Eagle City Code and on the entire Property as noted above, the following uses shall
also be prohibited in the MU portion of the Property:
. "Residential, Mobile Home (Single Unit),"
. "Residential, Mobile Home (Single Unit Temporary Living Quarters)."
. "Residential, Mobile Home Park."
Additionally, the total square footage of gross building area for the following land
uses, as outlined in the Eagle City Code Section 8-2-3 "Official Schedule of District Use
Regulations," a copy of which i~ attached as Exhibit F, shall not in the aggregate exceed
twenty thousand (20,000) square feet on the MU Zone portion of the Property east of the
dividing line shown on the Concept Plan:
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DEVELOPMENT AGREEMENT - 5
S:\CLIENTS\3906\3\Devag.c111. wpd
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. "Commercial, Food and Beverage Sales,"
. "Commercial, Restaurant,"
. "Commercial, Retail Sales (General and Limited) Store and Service," and
. "Commercial, Retail Sales (Pharmacies and Medical)."
The foregoing twenty thousand (20,000) square footage limitation shall be referred
to as the "20,000 Limitation" herein.
3.2.3 The conditions, covenants and restrictions for the Property shall contain at
least the following:
(a) An allocation of responsibility for maintenance of all community and
privately owned landscaping and amenities.
(b) A requirement insuring compliance with the Design Guidelines
approved with this Development Agreement.
3.2.4 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
Public/Semi-Public, Mixed Use District and Highway Business District land uses allowed by
the Eagle City Code, Official Schedule of District Use Regulations, existing at the time thi~
Development Agreement i~ recorded, a copy of which is attached as Exhibit F.
3.2.5 All development within the Property shall be consistent with the Site Design
Guidelines ("Design Guidelines") attached hereto as Exhibit D and generally consistent with
the Conceptual Plan attached hereto as Exhibit E. The Conceptual Plan attached hereto
describe the general nature and relative location of certain elements for the Property. The
intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements
set forth in this Development Agreement.
3.2.6 Prior to i~suance of any building permits, Applicant shall provide proof of
adequate septic or sewer service to the proposed residences and commercial and industrial
uses. A letter of approval shall be provided to the City from the Idaho Department of Health,
Division of Environmental Quality, and/or Central District Health, prior to i~suance of any
building permits.
Applicant acknowledges that the Property is currently annexed to the Eagle Sewer
District.
DEVELOPMENT AGREEMENT - 6
S:\CLIENTS\3906\3\Devag.clll. wpd
3.2.7 Applicant shall provide a report or analysis of any proposed changes to
wetlands located on the Property and any such change shall be contingent upon approval by
the Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources
(if applicable), the Army Corps of Engineers, the City of Eagle, and any other appropriate
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governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and
City Code. Applicant agrees all development and improvement of the Property shall comply
with rule and regulations pertaining to regulated wetlands.
3.2.8 Applicant will comply with all rules, regulations and ordinances of Eagle per
the terms of this Agreement including, but not limited to, applications for development
permits as required by Title 10, Flood Control, of the Eagle City Code.
3.2.9 A public easement for a greenbelt pathway (set forth in concept on the
Conceptual Vehicular and Pedestrian Traffic and Open Space Plan attached hereto as Exhibit
"E") shall be provided. The specific location and design of the pathway shall be approved by
the City Council, not to be unreasonably withheld, prior to the City Engineer signing the fIrst
plat for the Property.
3.2.10 A minimum of two emergency access points to the Boise River for the use of
repair and rescue equipment and personnel shall be provided at appropriate intervals along
the River. Location shall be as determined in coordination with the City Pathway Committee,
Eagle Fire Department and Flood Control District # 1 0 and approved by Eagle.
3.2.11 Provide bus stops as may be recommended Eagle.
3.2.12 Applicant shall provide an on-site, tree lined landscaped strip along State
Highway 44 and Riverside Drive and a ten (10) foot wide bicycle/pedestrian pathway within
the landscaped strip all as is generally shown and depicted on Exhibit A attached hereto and
incorporated herein. The width of the landscaped strip in various locations shall be as shown
on Exhibit A. The landscaping, including street trees and pathways, shall be reviewed and
approved by the Eagle Design Review Board. The twenty-fIve (25) foot wide landscape strip
along Riverside Drive as shown on Exhibit A attached hereto, shall include a minimum three
(3) foot high berm with extensive landscaping to provide a buffer.
3.2.13 Applicant shall provide a minimum twenty-eight thousand (28,000) square foot
on-site landscaped area (inclusive of the landscaped strip described in paragraph 3.2.12
above) at the corner of State Highway 44 and Eagle Road. The landscaping may include
shrubs, flowers, water features, etc., as reviewed and approved by the Eagle Design Review
Board.
3.2.14 The site shall be designed to allow for a public roadway connecting this site
to State Highway 44 at a point approximately one-half (112) mile east of Eagle Road as shown
on Exhibit E attached hereto. The City shall take the lead in a joint request with the Applicant
to obtain ITD approval of the roadway (with traffic signal when warranted) connecting to
State Highway 44. If approved by ITD, the roadway south of State Highway 44 shall be
constructed by the Applicant upon development of properties abutting the roadway or sooner
if required by ACHD. No other ingress or egress points shall be permitted to connect to
Highway 44 abutting this site excluding the connection via Riverside Drive.
DEVELOPMENT AGREEMENT - 7
S:\CLIENTS\3906\3\Devag.cl1I. wpd
3.2.15 The development shall incorporate public art, water features, or other features
of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking
fountains, benches, tables, etc.
3.2.16 Other than any pathways approved by Eagle, development within the
Roodway and the open space area between the southwest side of the proposed park and the
currently proposed southeasterly residential lots shall be prohibited.
3.2.17 In addition to the minimum parking spaces required by Eagle City Code
provide 10 to 12 non-exclusive parking spaces for the sportsman access shown on the
attached concept plan (near hotel). The spaces shall be provided with signage generally
stating, "River Access Parking".
3.2.18 For any multi- family residential development fIrst floors shall be insulated from
second floors with lightweight concrete or other product or design which is similarly effective
and common walls between units shall be insulated to mitigated transfer of noise between the
floors and between units. The insulation method shall be reviewed and approved by Eagle.
3.2.19 Building placement shall be designed such that parking areas are not
concentrated between the buildings and Eagle Road and between the buildings and State
Highway 44. The side of any buildings facing Eagle Road and/or State Highway 44 shall be
provided with architectural design elements and architectural relief.
3.2.20 City of Eagle approvals shall be subject to any FEMA requirements regarding
the revised study for the Boise River floodplain currently underway by FEMA.
3.2.21 Floodwaters may now be restricted from moving northward and westward due
to the reconstruction of Eagle Road and construction of State Highway 44. Therefore,
provide an engineering analysis showing that the site will drain properly in case of the 100-
year flood.
3.2.22 No part of the Reid Merrill Community Park, shall be used to calculate any
minimum recreationaVopen space or landscaping requirements for development within this
site unless approved by the City Council. Furthermore, no portion of the Reid Merrill
Community Park as shown on Exhibit A may be used to calculate compensatory storage for
floodplain impact mitigation for any property outside of the said Reid Merrill Community
Park unless approved by the City Council. Grading and drainage for the Reed Merrill
Community Park and the surrounding area shall be coordinated between Eagle and Applicant
to insure good overall flood control management and site drainage
3.2.23 Development shall provide pedestrian/bicycle public access to the paved
pathway along the Boise River as required in the Eagle Comprehensive Plan.
DEVELOPMENT AGREEMENT - 8
S:\CLIENTS\3906\3\Devag.cl1l. wpd
3.2.24 Apply for a license agreement from ITD and/or ACHD, to allow the right-of-
way between this site and the edge of pavement along State Highway 44 and Eagle Road to
be landscaped and landscape said area if such an agreement is approved.
3.2.25 Pathways connecting the residential areas to the commercial areas shall be
provided.
3.2.26 Except as otherwise provided in this Agreement, the Property can and shall
be developed in accordance with the Eagle City Code in effect on the date this Agreement is
approved. However, if the uses in Mixed Use Zone are expanded, such expanded uses shall be
included in this Agreement. This shall confIrm that the Eagle City Council interprets the meaning of
the use "Retail Sales - Limited" in the Eagle Code to include all uses allowed in "Retail Sales -
General" except for the specifically enumerated exclusions of "furniture, hardware, paint and wall
paper, carpeting and floor covering, new automotive parts and accessories."
3.2.27 The Concept Plan shows the anticipated location of the Reed Merrill
Community Park. This Development Agreement and the confmnation of extension of the Exchange
Agreement between Eagle and Applicant pertaining to the Reed Merrill Community Park shall be
executed simultaneously.
ARTICLE IV
AFFIDA VIT OF PROPERTY OWNERS
4.1 An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to the provisions set forth in Idaho Code Section 67 -6511 A and Eagle
City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAUL T
5.1 In the event Applicant or any successor 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.
However, if a default occurs after the Property is divided, any termination shall only effect the lot or
parcel in default and shall not effect other portions of the Property.
5.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, the enforcing party 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 thi.;;
Development Agreement, including attorneys' fees and court costs.
DEVELOPMENT AGREEMENT - 9
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ARTICLE VI
UNENFORCEABLE PROVISIONS
6.1 If any term, provision, commitment or restriction of this Development Agreement or
the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect
except that any portion determined to invalid or unenforceable shall be re-negotiated in good faith
between the Applicant (or other appropriate party) and the City.
ARTICLE vn
ASSIGNMENT AND TRANSFER
7.1 After its execution, the Development Agreement shall be recorded in the office of the
County Recorder at the expense of the Applicant. Each commitment and restriction on the
commercial 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 Eagle and the Applicant and owners, and
their respective heirs, administrators, executors, agents, legal representatives, successors and assigns;
provided, however, that if all or any portion of the Property is divided and each owner of a legal lot
shall only be responsible for duties and obligations associated with an owner's parcel and shall not be
responsible for duties and obligations or defaults as to other parcels or lots within the Property. 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 ari~ing under this Agreement with respect only to such owner's lot or parcel.
ARTICLE vm
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made
only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to
its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience
only and shall not constitute a portion of this Development Agreement. As used in this Development
Agreement, masculine,
feminine or neuter gender and the singular or plural number shall each be deemed to include the
others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with
the laws of the State of Idaho in effect at the time of the execution of this Development Agreement.
Any action brought in connection with this Development Agreement shall be brought in a court of
competent jurisdiction located in Ada County, Idaho.
DEVELOPMENT AGREEMENT - 10
S:\CLIENTS\3906\3\Devag.cl11. wpd
8.4 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:
Mark L. Butler
Planning and Zoning Administrator
City of Eagle
310 E. State
Eagle, Idaho 83616
Applicant:
Eagle River, L.L.c.
c/o Clark Development
479 Main Street
Boise, Idaho 83702
With Copy to:
L. Edward Miller, Esq.
Givens Pursley, LLP
P.O. Box 2720
Boise, Idaho 83701
or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon delivery if by personal delivery, upon deposit in the United States
mail, if sent by mail pursuant to the foregoing.
8.5 Effective Date. This Development agreement shall be effective after delivery to each
of the parties hereto of a fully executed original of this Development Agreement.
[end of text]
DEVELOPMENT AGREEMENT - 11
S:\CLIENTS\3906\3\Devag.clll. wpd
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED thi... 25th day of January, 2000.
ATTEST:
CITY OF EAGLE, a municipal corporation
organized and existing under the laws
of the State of Idaho
BY:~'+-' _ ~ ~
- Sh on K. Moore
City Clerk
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DEVELOPMENT AGREEMENT - 12
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By:
clL~
Charles Carlise
Authorized Signatory
INDEX OF EXHIBITS
Exhibit
A - Master Concept Plan of Property
B - Legal Description of Property
C - Legal Descriptions of Residential, Commercial, Public-Semi-Public and Mixed Use Zones and
Residential, Commercial, Public-Semi-Public, Floodway and Mixed Use Comprehensive Plan
Land Use Map Designations
D - Design Guidelines
E - Conceptual Vehicular and Pedestrian Traffic and Open Space Plan
F - Current Eagle City Code Land Use Table
DEVELOPMENT AGREEMENT - 13
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MASTER CONCEPT PLAN OF PROPERTY
DEVELOPMENT AGREEMENT - 14
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LEGAL DESCRIPTION OF PROPERTY
DEVELOPMENT AGREEMENT - 15
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PROJECT: 94040
DATE: September 15, 1999
PAGE: 1 of 3
EAGLE RIVER
EXIDBIT B
DEVELOP~lliNTAGREE~ffiNT
BOUNDARY DESCRIPTION
FOR
PS/DA, MUmA, AND C3/DA COMBINED ZONES
A parcel of land being a portion of the North 112 and portions of Government Lots 3 and 4 all in
Section 16, T.4N., R.1E., B.M., City of Eagle, Ada County, Idaho, being described as follows:
COMMENCING at a brass cap monument in Eagle Road (State Highway No. 55) marking the
northwest corner of said Section 16 as shown on Record-Of-Survey No. 3021 recorded in Ada
County as InStrument No. 9498747, said corner being located N.Oo055'47"E., 2640.78 feet from
. an aluminum cap monument marking the west % corner of said Section 16; thence,
A) S.00055'47"W., 551.88 feet along the westerly boundary line of said Section 16; thence
leaving the westerly boundary line of said section 16,
B) S.89004'13''E., 80.00 feet to the POINT OF BEGINNING; said point being on the
southerly right-of-way of line of Eagle Alternate as shown on the right-of-way plans for
Eagle Alternate Route, FAP No. STP-F-3271(033), Key No. 2027, on fIle with district 3
of the Idaho Transportation Department, said point being 168.30 feet right of station
922+67.39; thence along said southerly line through the following courses:
1.) N.50042'37"E., 105.95 feet to a point 80.00 feet right of station 923+38.79; thence,
2.) S.820 18'56"E., 861.26 feet to a point located 80.00 feet right of station 931 +99.99;
thence,
3.) S.81 039'01 "E., 1184.23 feet to a point of curvature located 80.00 feet right of station
943+84.22; thence,
4.) Southeasterly, along a curve to the right having a radius of 11379.16 feet, an arc length
of 467.49 feet, a central angle of 02021 '14", a chord bearing of S.80028'24"E., and a
chord distance of 467.49 feet to the point of intersection of said southerly right-of-way line
with the easterly line of the NW1/4 of said section 16, located 80.00 feet right of station
948+55.03, also being the northwesterly corner of the Merrill's Parcel; thence~~QR~~';.p:#".
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PROJECT: 94040
DATE: September 15, 1999
PAGE: 2 of 3
5.) Southeasterly, along said curve to the right having a radius of 11379.16 feet, an arc length
of 1523.57 feet, a central angle of Or40' 17", a chord bearing of S.75027'39"E., and a
chord distance of 1522.40 feet to a point located 80.00 feet right of station 963 +89.28;
thence,
6.) S.71 o37'30"E., 97.87 feet to a point located 80.00 feet right of station 964+87.16; thence
leaving said southerly right-of-way line,
7.) S.00005'45''E., 55.91 feet; thence,
8.) N.89052'54"W., 243.71 feet, thence
9.) N.00036'49''E., 8.00 feet; thence,
10.) N. 89 052' 54 "W., 1329.16 feet to a point on the easterly line of the NW% of said section
16, said point also being the southwesterly comer of the Merrill's Parcel; thence along the
easterly line of the NW% of said section 16, also being the westerly boundary of the
Merrill's Property,
11.) S.00046'13''W., 209.13 feet; thence leaving said easterly line,
12.) S.89032'44"W., 283.60 feet; thence,
13.) S.66024'04"W., 135.17 feet; thence,
14.) S.43 0 50'26"W., 106.14 feet to the east line of Government Lot 4; thence along said east
line,
15.) S.oo59'44"W., 471.87 feet to the mean high water line of the Boise River; thence along
said high water line through the following courses:
16.) S.84009'16"W., 225.82 feet; thence,
19.) S.oo52'17"W., 491.30 feet; thence,
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18.) S.85047'16"W., 206.66 feet; thence,
20.) N.81022'48"W., 137.03 feet; thence,
.~' 'P :: ::;!i: ': ;c.;
PROJECT: 94040
DATE: September 15, 1999
PAGE: 3 of 3
21.) N.76019'08"W., 93.82 feet; thence,
22.) N.60055'56''W., 63.45 feet; thence,
23.) N.79016'40"W., 146.88 feet; thence,
24.) N.63058'50"W., 137.78 feet; thence,
25.) N.3r59'37"W., 410.61 feet; thence,
25.) N.68001'10"W., 437.15 feet to a point on the easterly right-of-way line of Eagle Road;
thence leaving the Mean High Water line of the Boise River and running along the easterly
right-of-way of said Eagle Road,
26.) N .00055' 47 "E., 625.24 feet to a point of intersection of the said easterly right-of-way line
with the southerly line of the NW% of the NW1/4 of said section 16; thence continuing
along said easterly line,
27.) N.OIOI8'36"W., 15.62 feet; thence leaving said easterly line; thence,
28.) S.89035'10"E., 300.00 feet; thence,
29.) N.01 o18'37"W., 290.54 feet; thence,
30.) N.89035'10"W., 300.00 feet to a point on the easterly right-of-way line of said Eagle
Road; thence along said easterly line,
31.) N.Ol oI8'37"W., 461.40 feet to the POINT OF BEGINNING,
SAID PARCEL containing 93.26 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record.
EXHIBIT "C" attached, and by this reference made a part hereof.
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EXHIBIT C
LEGAL DESCRIPTIONS AND MAPS OF PS/DA, MU/DA, AND C3/DA ZONES
DEVELOPMENT AGREEMENT - 16
S :\CLIENTS\3906\3\Devag.cl1l. wpd
PROJECT: 94040
DATE: September 15, 1999
PAGE: lof2
EAGLE RIVER
EXHIBIT C
DEVELOPlVIENT AGREElVIENT
BOUNDARY DESCRIPTION
FOR
PS/DA ZONE
A parcel of land being a portion of the North 112 and a portion of Government Lot 4 all in Section
16, TAN., R.IE., B.M., City of Eagle, Ada County, Idaho, being described as follows:
COMMENCING at a brass cap monument in Eagle Road (State Highway No. 55) marking the
northwest corner of said Section 16 as shown on Record-Of-Survey No. 3021 recorded in Ada
County as Instrument No. 9498747, said corner being located N.00055'47''E., 2640.78 feet from
an aluminum cap monument marking the west % corner of said Section 16; thence,
A)
B)
C.)
D.)
1.)
2.)
3.)
4.)
5.)
6.)
S.ooo55'47"W., 1944.09 feet along the westerly boundary line of said Section 16; thence
leaving the westerly boundary line of said section 16,
S.89004'13''E., 110.00 feet to a point on the easterly right-of-way of line of Eagle Road;
thence,
S.68001'1O"E., 437.15 feet; thence,
S,3r59'37"E., 103.26 feet to the POINT OF BEGINNING; thence,
S.74024'02"E., 137.39 feet; thence,
S.79014'26"E., 322.98 feet; thence,
N.89040'05"E., 85.81 feet; thence,
N.86026'58"E., 77.66 feet; thence,
N.81026'48"E., 133.29 feet to a point on the easterly line of said Government Lot 4;
thence along said easterly line,
S.ooo52'17"W., 331.46 feet to the mean high water line of the Boise River; then,<i~,M9.n~
said high water line the following courses, ~ ' 0 F f.1t::
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PROJECT: 94040
DATE: September 15, 1999
PAGE: 2 of 2
7.) N.81022'48"W., 137.03 feet; thence,
8.) N.76019'08"W., 93.82 feet; thence,
9.) N.60055'56''W., 63.45 feet; thence,
10.) N.79016'40"W., 146.88 feet; thence,
11.) N.63058'50"W., 137.78 feet; thence,
12.) N.3r59'37"W., 307.35 feet to the POINT OF BEGINNING,
SAID PARC;;:EL containing 3.67 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record.
EXHIBIT "C" attached, and by this reference made a part hereof.
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PROJECT:
DATE:
PAGE:
94040
September 15, 1999
1 of 3
EAGLE RIVER
EXHIBIT C
DEVELOP~lliNTAGREENlliNT
BOUNDARY DESCRIyrION
FOR
MU/DA ZONE
A parcel of land being a portion of the North 112 and portions of Government Lots 3 and 4 all in
Section 16, TAN., R.1E., B.M., City of Eagle, Ada County, Idaho, being described as follows:
CONThlliNCING at a brass cap monument in Eagle Road (State Highway No. 55) marking the
northwest corner of said Section 16 as shown on Record-Of-Survey No. 3021 recorded in Ada
County as Instrument No. 9498747, said corne~being located N.ooo55'47"E., 2640.78 feet from
an aluminum cap monument marking the west % corner of said Section 16; thence,
A) S.OO055'47"W., 1944.09 feet along the westerly boundary line of said Section 16; thence
leaving the westerly boundary line of said section 16,
B) S.89004'13''E., 110.00 feet to a point on the easterly right-of-way of line of Eagle Road;
thence,
C.) S~68001'10"E., 437.15 feet to the POINT OF BEGINNING; thence,
1) N.31 018'33"E., 49.53 feet; thence"
2) N .00059'42"E., 260049 feet to a point of curvature; thence,
3) Northwesterly, along a curve to the left having a radius of 325.00 feet, an arc length of
171.72 feet, a central angle of 30016'21", a chord bearing of N.14008'29"W., and a chord
distance of 169.73 feet; thence,
4) N.29016'39"W., 144.33 feet to a point on a non-tangent curve; thence,
5) Northeasterly, along a curve to the left having a radius of 400.00 feet, an arc length of
342.57 feet, a central angle of 49004'12", a chord bearing ofN.32036'll"E., and a chord
distance of 332.21 feet; thence,
6) N.08004'02"E., 107.82 feet to a point of curvature; thence,
PROJECT:
DATE:
PAGE:
94040
September 15, 1999
2 of 3
7) Northeasterly, along a curve to the right having a radius of 250.00 feet, an arc length of
391.03 feet, a central angle of 89037'02", a chord bearing of N.52052'33"E., and a chord
distance of 352.37 feet; thence,
8) S.82018'56"E., 172.38 feet to a point of curvature; thence,
9) Easterly, along a curve to the right having a radius of 600.00 feet, an arc length of 123.22
feet, a central angle of 11 045'59", a chord bearing of S.76025'56"E., and a chord distance
of 123.00 feet; thence,
10) S.70032'57"E., 186.84 feet to a point of curvature; thence,
11) Easterly, along a curve to the left having a radius of 600.00 feet, an arc length of 191.42
feet, a central angle of 18016'46", a chord bearing of S.79041 '20"E., and a chord distance
of 190.61 feet; thence, -
12) N.08006'02"E., 382.66 feet to a point on the southerly right-of-way line of Eagle alternate
Route as shown on the right-of-way plans for Eagle Alternate Route, FAP No. STP-F-
3271(033), Key No. 2027, on file with district 3 of the Idaho Transportation Department,
said point being 80.00 feet right of station 937 +84.80; thence continuing along said right-
of-way line through the following courses:
13) S.81 039'01 "E., 599.42 feet to a point of curvature; thence,
14) Southeasterly, along a curve to the right having a radius of 11 ,379.16 feet, an arc length
of 467.49 feet, a central angle of 02021'14", a chord bearing of S.80028'24"E., and a
chord distance of 467.49 feet to a point on the easterly line of the NW% of said section 16;
thence continuing,
15) Southeasterly, along said curve to the right having a radius of 11,379.16 feet, an arc length
of 1,523.53 feet, a central angle ofr40'16", a chord bearing of S.75027'39"E., and a
chord distance of 1,522.40 feet; thence tangent from said curve,
16) S.71 037'30"E., 97.87 feet; thence leaving said right-of-way line,
19) N.00036'49"E., 8.0 feet; thence,
17) S.00005'45"E., 55.91 feet; thence,
18) N.89052'53"W., 243.71 feet; thence,
PROJECT:
DATE:
PAGE:
94040
September 15, 1999.
3 of 3
20) N.89052'54"W., 1329.16 feet to a point on the easterly line of the NW% of said section
16, said point also being the southwesterly corner of the Merrill's Parcel; thence along the
easterly line of the NW1/4 of said section 16, also being the westerly boundary of the
Merrill's Property,
21) S. 00 046' 13 "W., 209.13 feet; thence leaving said easterly line,
22) S.89032'44"W., 283.60 feet; thence,
23) S.66024'04"W., 135.17 feet; thence,
24) S.43050'26"W., 106.14 feet to the easterly line of Government Lot 4; thence along said
easterly line,
25) S.oo59'44"W., 59.84 feet; thence,
26) S.81026'48"W., 133.31 feet; thence,
27) S.86026'58"W., 77.66 feet; thence,
28) S.89040'05"W., 85.51 feet; thence,
29) N.79014'26"W., 322.98 feet; thence,
30) N.74024'02"W., 137.38 feet; thence,
31) N.37059'37"W., 103.27 feet to the POINT OF BEGINNING.
SAID PARCEL containing 67.27 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record.
EXHIBIT "C" attached, and by this reference made a part hereof.
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PROJECT: .94040
DATE: September 15, 1999
PAGE: 1 of 3
EAGLE RIVER
EXHIBIT C
DEVELOPMENT AGREEMENT
BOUNDARY DESCRIPTION
FOR
C3/DA COlYlMERCIAL ZONE
.. A parcel of land being a portion of the North 112 and a portion of Government Lot 4 all in Section
16, TAN., R.1E., B.M., City of Eagle, Ada County, Idaho, being described as follows:
COMNIENCING at a brass cap monument in Eagle Road (State Highway No. 55) marking the
northwesterly corner of said Section 16 as shown on Record-Of-Survey No. 3021 recorded in Ada
County as Instrument No. 9498747, said corner being located N.oo055'47"E., 2640.78 feet from
an aluminum cap monument marking the west % corner of said Section 16; thence,
A) S.00055'47"W., 551.88 feet along the westerly boundary line of said Section 16; thence,
B) S.89004'13"E., 80.00 feet to the POINT OF BEGINNING; said point being on the
southerly right-of-way line of Eagle Alternate as shown on the right-of-way plans for Eagle
Alternate Route, FAP No. STP-F-3271(033), Key No. 2027, on file with district 3 of the
Idaho Transportation Department, said point being 168.30 feet right of station 922+67.39;
thence along said right-of-way line through the following courses:
1.) N.50042'37"E., 105.95 feet to a point located 90.00 feet right of station 923+38.79;
thence,
2.) S.820 18'56"E., 861.26 feet to a point located 80.00 feet right of station 931 +99.99;
thence,
3.) S.81 039'01 "E., 584.81 feet to a point located 80.00 feet right of station 937 +84.80;
thence leaving said right-of-way line,
4.) S.08006'22"W., 382.66 feet; thence,
5.) Northwesterly, along a non-tangent curve to the right having a radius of 600.00 feet, an
arc length of 191.42 feet, a central angle of 18016'46", a
N.79041'20"W., and a chord distance of 190.61 feet; thence,
chord bearing of
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PROJECT: 94040
DATE: September 15, 1999
PAGE: 20f3
6.) N.70032'57"W., 186.84 feet; thence,
7.) N.76025'56"W., 123.00 feet; thence,
8.) N.82018'56"W., 172.38 feet to a point of curvature; thence,
9.) Southwesterly, along a curve to the left having a radius of 250.00 feet, an arc length of
391.03 feet, a central angle of 89037'02", a chord bearing of S.52052'33"W., and a chord
distance of 352.37 feet; thence,
10.) S.08004'02"W., 107.82 feet to a point of curvature; thence,
11.) Southeasterly, along a curve to the right having a radius of 400.00 feet, an arc length of
342.59 feet, a central angle of 49004'19", a chord bearing of S.32036'll"W., and a chord
distance of 332.21 feet; thence non-tangent from said curve,
12.) S.29016'39"E., 144.33 feet; thence,
13.) Southeasterly, along a curve to the right having a radius of 325.00 feet, an arc length of
171.72 feet, a central angle of 30016'21", a chord bearing of S.14008'29"E., and a chord
distance of 169.73 feet; thence,
14.) S.00059'42"W., 260.49 feet; thence,
15.) S.31 018'33"W., 49.53 feet to a point on the mean high water line of the Boise River;
thence along said line,
16.) N.68001'10"W., 437.15 feet to a point on the easterly right-of-way of Eagle Road; thence
leaving the mean high water line of the Boise River and running along the easterly right-of-
way of said Eagle Road,
17.) N.Oo055'47"E., 625.24 feet to a point of intersection of the said easterly right-of-way line
with the southerly line of the NW1f4 of the NW1f4 of said section 16; thence continuing
along said easterly right-of-way line,
18.) N.01018'36"W., 15.62 feet; thence leaving the easterly right-of-way line,
19.) S.89035'lO"E., 300.00 feet; thence,
20.) N.01 018'37"W., 290.54 feet; thence,
PROJECT: 94040
DATE: September 15, 1999
PAGE: 3 of 3
22.) N.89035'10"W., 300.00 feet to a point on the easterly right-of-way line of said Eagle
Road; thence along said easterly line,
23.) N.Ol oI8'37"W., 461.40 feet to the POINT OF BEGINNING,
SAID PARCEL containing 22.31 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-Of-Way and Easements of Record.
EXHIBIT liB" attached, and by this reference made a part hereof.
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EXHIBIT D
DESIGN GUIDELINES
LANDSCAPE. SITE DESIGN, AND ARCHITECTURAL DESIGN GUIDELINES
Overview and Purpose
The purpose of the Design Guidelines is to provide an aesthetic roadmap for the
development of the Eagle River project within the highly visible and scenic city of Eagle/
Boise River context. The guidelines also acknowledge that the development will occur
over time, thereby requiring a means to ensure landscape, site design, and architectural
harmony prevail as desired by the City set forth in Eagle City Code 8.2A and in the
" Downtown Design Review" and Overlay Districts.
The commercial elements of this project fall within the design review regulations set
forth in Eagle City Code 8.2A.
Administration of Design Guidelines
The property developer and/or successor will have design review responsibilities for all
site development, landscape and architectural components. This review and approval
process will occur by the developer prior to being forwarded to the City of Eagle for its
review as part of any required landuse, building, or design review application.
General Applicability
All development within the Eagle River property including but not limited to
commercial, office, flex space, multifamily, and residential projects is subject to these
Guidelines. They shall be consistent with those set forth in Eagle City Code 8.2A-1 thru
8.2A-19, Overlay Districts, the Comprehensive Plan, and other applicable requirements
set forth by the City of Eagle. In case of conflict, the 'higher standard' interpretation
shall prevail.
· Flexibility: These guidelines are intended to depict the general nature of the
architectural character while allowing sufficient flexibility for development to
accommodate the evolving market, remain economically vi2ble, support the
purpose and goals of the City of Eagle, and respond to site and other conditions as
necessary while keeping within the desired character of the project to the extent
possible.
Design Intent
The intent of the Design Guidelines is to provide a harmonious and integrated
development of commercial and residential buildings sharing common streets, trails,
. . \' "" !.ul.~,.,.~.
wetlands, and open spaces. The general theme of the CIty of Eagle IS to empha~~ 0 F "
Northwest, turn of the 19th Century, architectural styles and appropriate material~\.~,..~"1;uf""",
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March 1998
1
achieve this goal it is not necessary to slavishly copy older existing buildings and use of
materials. Architectural character for new buildings can be achieved by proper use of
traditional elements such as sloping roofs, dormers, parapets, cornices, window and door
styles, and attention to correctly executed details which have and will continue to stand
the test of time. Scale, proportion, style and color of all buildings as they relate to each
other and the open area around them is important and necessary to establish and maintain
a strong sense of community, specifically the character the City of Eagle seeks to achieve.
Submittals
All site development within the Eagle River project area shall conform to the current
zoning and development guidelines established by the City of Eagle and which will be
supplemented by the project area covenants, conditions, and restrictions. All design
documents submitted to the City of Eagle Design Review Board for landscape design,
site design, and architectural design shall be in accordance with those described in the
Eagle City Code 8.2A-I thru 8.2A-19, Overlay Districts, and the Comprehensive Plan.
Maintenance
All parcel(s) within the Eagle River project area shall be maintained in accordance with
those provisions set forth in its covenants, conditions, and restrictions (CC&R's).
Eagle River Design Guidelines
March 1998
2
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1.0 SITE DEVELOPMENT DESIGN GUIDELINES
1.10 General
The term Site Development as used in this section, refers to the siting of
structures and the placement of related improvements on individual parcels
within the Eagle River project. This includes but is not limited to parking lots,
service areas, walkways, sign or identification structures, lighting, etc. The
objective of the site development guidelines is twofold: 1) to support and
amplify the City of Eagle City Code 8.2A-1 thru 8.2A-19, or Overlay Districts
and 2) to recognize the unique nature and location of the property within the
City of Eagle fronting the Boise River.
1.20 Site Development Theme
The site development theme acknowledges that the Eagle River project is
situated within the 100 year flood plain contains several acres of wetlands and
fronts the Boise River riparian floodway which is contained with a dike. The
site development theme also acknowledges the presence of two existing
irrigation canals in the northeastern portion of the site. The basic site
development concept recommends a network of interconnected landscaped
drainage swales which drain off and treat all stormwater. In addition, this swale
system is the primary drainage way for local natural riparian vegetation. The
resulting landscape and topography form is a series of large outdoor rooms
connected by roads and walkways that surround each of the gently elevated
building pads. This overall concept of gently elevated building pads and
adjacent, drainage ways will conceptually result in no net loss of floodway
holding capacity. Alternatively, building pad sites will be two feet above the
100-year flood plain. The siting of all structures and the design of associated
previously mentioned drainage features takes into account the flood plain
context of the property.
1.2.1 Design Objectives
The site development design guidelines for individual parcels reflect several
important goals: to strengthen the area's identity and create a unique and
aesthetically pleasing environment within the context of the City of Eagle. The
objectives underlying the thinking behind the design guidelines are stated as
follows:
· To establish a development area that IS visually
memorable to its users and residents.
distinctive and
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· To encourage development in the area which is visually understandable
and meaningful to its users.
· To encourage the design of buildings and exterior spaces in the area to
be of an overall hi~h Quality and appropriate character yet diverse enough
to reflect a variety of expression and creativity.
· To promote ease of pedestrian accessibility and comfort in the area and
its connection with downtown Eagle.
· To create pedestrian scale in the design of streets, parking areas,
buildings and spaces between buildings.
· To soften and enhance the appearance ofbuildin~s and structures.
· To creatively protect and enhance the Boise River natural environment
which abuts the property.
· To creatively strive for no net loss offloodway holding capacity.
· To create visual unity in the design of site development and buildings
within each project parcel.
1.2.2 Establishing Ground Elevation for Business
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Recognizing that the Eagle River project area is within the 100 year flood plain
of the Boise River all development parcels are to be contoured so that each
building is set one (1) foot above the 100 year flood elevation identified b~ ~,l1"'~l
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Eagle River Design Guidelines
March 1998
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Each parcel is to be graded and/or contoured in such a fashion that all storm-
water positively drains away from all buildings and structures into adjacent and
interconnected landscaped bio-filtered drainage swales. These swales are to be
landscaped with native wetland plant material commonly found within the local
Boise River riparian system.
1.2.3 Design Standards for 4-Lane or 3-Lane Collectors
The following standards apply to all four-lane and/or three-lane major and
minor collectors in the retail and office areas or in accordance to the Ada
County Highway District (ACHD) which ever is greater.
· All crosswalks are 10 feet wide.
· All crosswalks are handicapped accessible. A drop curb is required at
corners to facilitate wheelchairs and strollers.
· The pedestrian pathway is separated from the street by a min. five (5)
foot wide planting strip.
The following standards apply to collector and local streets in the residential areas
in accordance to Ada County Highway District Standards. Appropriate signage
shall be installed.
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· The typical roadway allows two travel lanes and one parallel parking
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Eagle River Design Guidelines
March 1998
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· On each side of street are five (5) foot sidewalks.
· All crosswalks are handicapped accessible. A dropped curb is at all
corners to facilitate wheelchairs and strollers.
1.2.4 Collector Width Requirements
Recommended collector width requirements for 4-lane and 3-lane collectors
within the Eagle River project include:
· 4-Lane Collector: The entry roadway off of Eagle Road has four travel
lanes, a central continual landscaped divider lane, two bike lanes, a min. 5
foot wide planting strip on both sides, and a 5 foot wide sidewalk on both
sides. The right of way width is 100 feet. At busy intersections additional
width may be required to accommodate additional left or right turn lanes.
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· 3-Lane Collector: The roadway through the commercial areas has two
travel lanes, a central continual turning lane, a 5 foot separated pedestrian
path on the north and south side and a min. five (5) foot planting strip on
both sides. The minimum right of way width is 56 feet. At busy
intersections additional width may be required to accommodate additional
left or right turn lanes.
Eagle River Design Guidelines
March 1998
6
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1,2.5 Entryways to Individual Development Sites
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Within the framework set forth in the architectural guidelines related to
materials, colors, etc., encourage individual expression at entryways by allowing
freestanding structures which incorporate signing, lighting, and landscaping and
which enhance the visual identity from the street. The purpose of this guideline
is to create a sense of arrival and should be oriented to both pedestrian and
automobile.
· The design of entryways should always relate to the design of other
buildings in the development parcel in terms of materials, scale, and color.
· Signs identifying the names of tenants or buildings may be incorporated
into the entry.
· Entryway designs should integrate signage in a way that respects the
architectural design integrity of the entryway.
Eagle River Design Guidelines
March 1998
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· Signs are permitted on any entryway face.
· Entryway signs may be placed on the property line without a setback
requirement, provided that views of traffic are not obstructed as per
current City of Eagle Standards.
· Street trees should not be located in front of entryway signs.
1.2.6 Trees In Parking Lots
Trees in parking lots are required to create smaller and friendlier spaces for
people, to maximize the positive environmental effects that trees provide, and to
reduce the impact of solar gain on cars and buildings.
· Landscape planting area requirements for parking lots will be as
described in the City of Eagle Code 8.2A. 7K.
· Provide mediiun sized trees within the parking lot at the density
described in the City of Eagle Code 8.2A.7K.
· Use trees to make smaller human-scaled spaces within parking lots and
to soften the overall appearance of larger parking lot areas.
· Locate the trees to allow for frame visibility of entries, signage, and to
provide overall appropriate visibility for retail businesses.
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· Use a species of tree which will permit initiallimbing of seven (7) feet.
Prune trees regularly to achieve an ultimate minimum limb height of 12
feet.
Eagle River Design Guidelines
March 1998
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· Protect trees from overhanging bumpers with concrete curbs and allow
for a minimum of three (3) feet between the curb and the center of the tree
trunk.
· Use one tree species in parking lot areas unless developments are
extraordinarily large or where visual distinction would be appropriate. For
variety, vary tree species from development parcel to development parcel.
1.2.7 Parking Lot Screening
To reduce the visual impact of row upon row of parked cars and the glare of
headlights at night, screen parking lots from view along borders with public
streets. The creation of high walls however, should be avoided because of
potential security and safety problems. Maximum screen height is to be three
feet or as described in the City of Eagle Code 8.2A.7. This enables people to
see out and be seen from the street and cars.
· Parking lot screens may be made of all plant material or a combination
of low walls or earth berms and supplementary plant material.
· The plant material in all-plant walls should be of such a type and
number to reach a height of three and a half (3 1/2) feet within three years
and to be approximately 75% opaque year round.
· Designs for wall screens shall include some low foundation plant
material to visually soften the wall. Walls may be constructed of wood,
masonry, or concrete. Walls shall be generally sight-obscuring.
· A minimum height of 42 inches is recommended (to hide shiny car
bumpers, metal grilles and headlights) with a maximum height of four (4)
feet to permit visual surveillance to and from the street.
1,2.8 Drive- Thru Orientation and Screening
Visually screen drive thru lanes from view along public streets.
· Wherever feasible, orient the drive thru lane to be perpendicular to
public streets. This will reduce any possible confusion created from
headlight glare into oncoming traffic.
· Screening may be accomplished using plant material or a combination
of low walls or earth berms and supplementary plant material.
Eagle River Design Guidelines
March 1998
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· The plant material in all-plant walls should be of such a type and
number to reach a height of three and a half (3 1/2) feet within three years
and to be approximately 75% opaque year round.
· Designs for wall screens shall include some low foundation plant
material to visually soften the wall. Walls may be constructed of wood,
masonry, or concrete. Walls shall be generally sight-obscuring.
· A minimum height of 42 inches is recommended (to hide shiny car
bumpers, metal grilles and headlights) with a maximum height of four (4)
feet to permit visual surveillance to and from the street.
1.2.9 Service Area Screening
Visually soften and screen all service functions within the retail, office, and flex
space portions of the development from public views. (See architectural
guidelines. )
· Screen dumpsters and recycling bins from public view with plant
material or with a combination of screen walls and plant material. All
walls should be constructed of durable materials able to withstand normal
use. The screen walls are to incorporate the same material as used in
adjacent building structures.
· The height of plant materials and walls should be equal to the height of
the dumpster and / or recycling bin unit at the time of installation.
· Visually separate loading dock areas from public view with landscaping
or walls and landscaping.
1.2,10 Walkways and Pathways
Create an interconnected walkway and path system that will connect all parcels
within the Eagle River project area.
· Provide one or more walkways which directly link the pedestrian
entrances of businesses within the retail and office development to the
public pathways.
· Interconnect development parcels with pathways located along direct
desire lines.
· Differentiate walkways within the retail and office development from
parking area paving by using a contrasting paving material.
Eagle River Design Guidelines
March 1998
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· Walk and path surface pattern and scoring depth must be compatible
with the comfort and safety needs of pedestrians, especially the elderly and
the handicapped.
1.2.11 Design Standards for Street Lights
· All street lights are to be pole mounted non-glare luminaires.
· All luminaries are to have an internal shield and/or reflector, which
directs the light beam downward to the traveled surface.
· All streets, courts, cul-de-sacs, and parking lots are to be illuminated.
The minimum light level is to be .25 foot candles.
· All native trails, internal foot or bicycle paths, and recreation areas not
otherwise located along a street are to be illuminated. The minimum light
level is to be .25 foot candles.
1.2.12 Walkway and Pathway Lighting
Provide lighting along all walkways and pathways.
· Minimum footcandles along walkways should be not less than .25
footcandle and not more than 6-8 footcandle directly under the luminaire.
· Avoid dark spots and abrupt changes in light levels.
· Select fixtures which are harmonious with the design of the development
and which have a pedestrian scale.
1.2.13 Site and Landscape Lighting
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Create site and landscape lighting to promote safety, security and visual
attractiveness.
. Use fixtures with indirect light sources (i.e., concealed from the users'
line of sight) such as ground mounted lights or foliage lights.
· Avoid creating dark spots which invite crime.
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. Help mitigate the effects of night blindness by avoiding any sudden
changes in light levels.
Eagle River Design Guidelines
March 1998
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· Use site and landscape lighting as a means to harmonize the building
and the site and landscape areas.
1.2.14 Parking Lot Lighting
Create parking lot lighting which promotes a sense of safety, security and which
is visually attractive.
· Use shielded type fixtures to minimize problems of glare.
· Minimum footcandles in parking lots should not be less than 1/2
footcandle and not more than 8-10 footcandle directly under the luminaire.
· Avoid dark spots and abrupt changes in light levels.
· Select fixtures which are harmonious with the design of the
dev~lopment.
· Fixtures are not to be metal halide.
Eagle River Design Guidelines
March 1998
12
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2.0 LANDSCAPE DESIGN GUIDELINES
2.10 PUBLIC RIGHTS OF WAY
2.1.1 General
The term landscape as used in this section refers to those elements which give
form and character to the physical and natural environment of the Eagle River
project area. Those elements include but are not limited to the placement and
variety of planting margins, sidewalks, paths and trails, wetlands and drainage
swales, lighting, screening of service roads, entry features, special features, etc.
Providing for a desirable "nature like" or "park like" setting in the context of
the Boise River riparian environment is the goal of this section of the design
guidelines. Standardizing this landscape within the broader framework of the
Eagle City Code 8.2A Design Review and Overlay Districts.
2.1.2 Landscape Theme
Because of its location within the Boise River flood plain the landscape theme
for the Eagle River project is to be a generalized reflection of the natural plant
materials and growing conditions commonly found within the localized
geographical area. The use of cultivars is encouraged insofar as they enhance
the riparian landscape associated trees and shrubs.
2.1.3 Design Objectives
The design guidelines for public rights of way reflect several important goals; to
strengthen the area's identity, to create a pleasant pedestrian environment, and
to achieve efficient and safe traffic flow. From these goals a number of
objectives explain the purpose of the recommended design guidelines.
· To establish consistency in the design of streets within the Eagle River
project area.
· To create a stroni visual framework through street design which unifies
the project and which provides the background for individual expression
in the design of specific project areas and parcels.
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· To create streetscapes which are visually distinctive and memorable to
users and residents of the project and thus strengthen the identity of the
site within the context of the City of Eagle.
· To create streetscapes which aid in the visual understandability of the
area by visitors, residents, and other users.
Eagle River Design Guidelines
March J 998
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· To increase pedestrian accessibility. safety. and comfort throughout the
project.
· To improve traffic flow and safety in the entire Eagle River project area.
2.1.4 Landscape Standards For 4-Lane or 3-Lane Collectors
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· Large canopy trees are placed at approximately 35 foot intervals within
the curbside planting strip. At street and driveway intersections trees are
located with respect given to A.C.H.D. clear vision standards.
· All street trees have a minimum four (4) inch caliper and are limbed to a
minimum height of 8 feet at the time of installation.
· The property owner fronting the street provides a minimum of five (5)
feet of planting between the edge of the pedestrian path and edge of any
site development (parking lot screens, landscaped areas, etc.) except at
entryways where design flexibility is required.
· Pedestrian crosswalks which cross three-lane collectors, collectors or
local roads, or major driveways to developments are paved in concrete.
Where concrete crosswalks abut asphalt streets or driveways, a proper
transition is required between the concrete and asphalt to avoid excessive
wear and damage.
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. Pedestrian crosswalks, which cross four-lane streets or any other
exceptional heavily traveled street, have 10 foot wide crosswalks defined
by a pair of 12 inch painted lines.
Eagle River Design Guidelines
March 1998
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2.1.5 Landscape Standards for Collector and Local Streets
Discussion:
The purpose of the street tree standard is to provide a clear basis for selecting
the appropriate type of tree for each street in the Eagle River project. The visual
importance of street trees is critical to the identity of the area. In summary, trees
provide the visual glue which tie together the streetscape. Street trees bring
visual order by providing a unifying element which allows individual expression
to distinctly occur. Their form, foliage, color, and smell create special character
for a particular street.
It is important that all streets have some individual personality. This variation
helps users to know where they are in the area. It also contributes to the
uniqueness of the area. The suggested guidelines below therefore build on the
present City of Eagle policy but offers some variation so that individual streets
will take on special color and personality.
· Autuiim Blaze maples are recommended on all four-lane collectors.
Autumn Blaze maples belong to a large family of trees known as "Red
Maples." These trees are fast growing.
· Ash trees are recommended along residential collector streets. They
support the "park like" and riparian character appropriate for this corridor.
· Flowering trees such as flowering pear and crab are recommended in
each residential cluster, loop, or cul-de-sac. These trees should vary in
variety from cluster to cluster and to each residential unit.
· Medium-size canopy trees are placed at approximately 35 foot intervals
between the curb and sidewalk.
· All trees and associated groundcovers or lawn areas are to be irrigated
with underground, automatic systems.
. All street trees have a minimum three (3) inch caliper and are limbed to
a minimum height of 7 feet at the time of installation.
. The property owner fronting the street provides a min. of five (5) feet of
lawn or groundcover between the edge of the sidewalk and edge of any
site development (parking lot screens, shrub landscaped areas, etc.).
Eagle River Design Guidelines
March 1998
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· Pedestrian crosswalks which cross collectors or local streets, or major
driveways to developments are paved in concrete. Where concrete
crosswalks abut asphalt streets or driveways, a proper transition is required
between the concrete and asphalt to avoid excessive wear and damage.
· The abutting 'property owner is responsible for maintaining the
improvements within the public right of way from the property line to the
edge of the curb. This includes street trees, groundcover areas, irrigation
and sidewalks.
· The entrances to the residential areas are to be defined with a raised
feature planted island and identification sign.
2.1.6 Plant Material
The use of semi-mature plant materials is important to establish the character of
the development. The use of more mature plant material allows for more
immediate enjoyment and provides a more finished look to the development. At
a minimum the size at time of planting should be that which is set forth in the
City of Eagle Code 8.2A.7.
2,1.7 Native Vegetation
Make extensive use of native plant material (trees, shrubs, and groundcovers) in
the design of landscape areas. Non-native ornamental plant material can be
used to expand the creative palette of the landscape designer provided the plants
are hearty and compatible in character with native material.
· Retain as many existing trees as possible with calipers of four inches or
greater. Retain understory vegetation which supports wildlife habitat.
· Add trees to groups of existing trees to visually expand and enhance the
presence of the native plant environment.
· Include sufficient evergreen plant material within a development to
create some year-round foliage effect. Possible locations include: service
areas, along borders with residential areas, along blank walls, and on
parking islands,
Eagle River Design Guidelines
March 1998
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3,0 ARCHITECTURAL DESIGN GUIDELINES
3,1 General
The term architectural design as used in this section refers to the design of all
buildings on individual parcels within the Eagle River project including but not
limited to commercial, office, flex space, multifamily and residential projects.
The objective of the architectural design guidelines is two fold;
1) to support and amplify Eagle City Code 8.2A-I thru 8.2A-19 and Overlay
Districts and
2) to recognize the physical scale and scope of the project with its unique
proximity to both downtown Eagle and the location of the proportion fronting
the Boise River.
3,2 Architectural Theme
The architectural theme acknowledges that the Eagle River project will
represent a significant commercial and residential expansion next to the center
of downtown Eagle. It is important therefore that the architectural character of
the Eagle River project be hannonious with that described in the Eagle City
Code 8.2A-I thru 8.2A-19. The architectural theme will emphasize the
northwest turn of the century styles incorporating appropriate building materials
used in a supportive fashion. The design intent of the architectural character
purposively amplifies the quiet rural tradition of historical Eagle.
3.3 Design Objectives
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The following architectural design objectives generally apply to all building
types within the Eagle River project including but not limited to commercial,
office, flex space, multifamily, and residential projects. Together these
architectural objectives constitute the core design guidelines for the buildings.
. Mass and Proportion: Buildings shall be of a scale and proportion that
relates well to adjacent buildings without dominating, overwhelming or
appearing insubstantial in relationship. Long walls shall be relieved with
offsets, bays, projections or other architectural features.
. Character: Buildings shall be visually consistent with adjacent buildings
and reflect their designated use without intentionally copying materials,
details and colors except where it is an advantage to do so, such as
canopies, trellises and elements that help define several structures as part
of an intended group.
Eagle River Design Guidelines
March J 998
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· Roofs and Roofing: Sloping roofs such as gables and hips are required
on smaller buildings and encouraged when appropriate on larger buildings,
or portions of larger buildings. Decorative mansards on large buildings
are not allowed, however, parapets, cornices and other detailing is
acceptable. Materials for sloping roofs should be appropriate to the scale
of the building and can be asphalt or composition shingles that do not
simulate other materials, wood shingles or shakes, flat concrete tiles, or
metal with standing or batten/rib seams.
· Windows: Windows shall be in proportion with the building facade and
individual glazing panes shall not be over-sized. Horizontal as well as
vertical mullions are encouraged. Styles shall be historically consistent
with the architectural character of the building. Multiple-arched, round,
sloping head and other 'trendy' window styles are inappropriate. Shading
shall be achieved with awnings, canopies, overhangs and other
architectural elements. A~ngs shall be simple and of traditional
materials - lighted vinyl awnings are inappropriate. Substantially tinted or
colored glazing and interior shading films are not allowed.
· Materials: Larger and high bay buildings shall be constructed of high
quality, substantial, well-wearing materials: Brick or concrete masonry,
concrete, stucco or EIFS (exterior insulated finish systems) with proper
detailing, reveals, and appropriate rustication. Careful attention to detail
must be made to avoid a monotonous, bland, or flat appearance. Proper
lighting may be key to enhance materials and relief on large-scale facades.
Smaller and low bay buildings are encouraged to use similar materials as
well as wood sidings - horizontal or vertical boards, boards or plywood
with battens, and shingles. Local stone is encouraged and shall be used as
walls, wainscots, bulkheads, columns or plinths, but not as decorative
panels. Materials that are imitations of other materials are not permitted;
such as concrete formed to appear as stone. Appropriate combinations of
materials to modify scale and add visual interest should be considered.
· Architectural Elements: On high bay or multiple story buildings,
smaller scale features such as arcades, trellises, or canopies, as well as one
story elements, shall be used to provide pedestrian scale. Attention to
detail is encouraged and shall be proportional to the facade with the
caution that elements used for only decorative purposes are discouraged,
especially when appearing out-of-place on larger walls.
Eagle River Design Guidelines
March 1998
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· Equipment, Loading and Service Concealment: Mechanical and
electrical equipment shall be located as much as possible away from
pedestrian areas and substantially concealed with the same or compatible
materials of construction as the building. Service and delivery access,
refuse and recycling containers, and the like shall be located as much as
possible away from pedestrian areas and substantially concealed with the
same or compatible materials of construction as the building.
· Color: Large walls shall be of light to medium values - white, bright
hues, and decorative painting are discouraged. Moderate changes in value
and color used to decrease apparent scale and mass are acceptable.
Brighter colors shall be used in limited areas. Consideration should be
given to colors used in the earlier part of this century; such as the
Williamsburg Colors by Sherwin Williams.
3.4 Building Design Guidelines! Commercial
------.
. ~ -. .'.......
~ ~~~.
~ 1:1.,7' .'~
-_~~.i1~-~
In addition to the general architectural design guidelines, the following items
apply to commercial projects in order to ensure consistency of relationship of
buildings to roads and parking areas.
· Windows: Retail storefronts shall have solid bulkheads between the sill
and adjacent ground or paving surface except at entry sidelights.
· Relationship to parking: Main entries shall be easily visible and
distinguishable from adjacent parking areas through the use of
architectural elements and shall not rely on disproportionally scaled
signage. Pedestrian friendly crosswalks, trellises, canopies, landscaped
buffers and the like shall be incorporated.
Eagle River Design Guidelines
March J 998
19
..
3.5 Building Design Guidelines! Offices
~
'-~
, c._I"
, (!::':;
-=--
~
In addition to the general architectural design guidelines, the following items
apply to office buildings.
- Windows: All openings shall appear as individual 'punched' windows,
or groups of openings, in lieu of ribbon windows or storefronts, except at
main building entries. All windows shall have solid bulkheads between
the sill and adjacent ground or paving surface except at entry sidelights.
-Relationship to parking: Main entries shall be easily visible and
distinguishable from adjacent parking areas through the use of
architectural elements and shall not rely on disproportionally scaled
signage, Pedestrian friendly crosswalks, trellises, canopies, landscaped
buffers and the like shall be incorporated.
3,6 Building Design Guidelines! Flex Space
------.-
--.--
--
--..-----
--.....--.~ ....
--.
Eagle River Design Guidelines
March 1998
20
~
In addition to the general architectural design guidelines, the following items
apply to flex space projects.
· Roofs: On high bay buildings, the use of sloping roofs around the
perimeter, within or exceeding the depth of the structural and mechanical
systems, are encouraged as a means of visually reducing the scale when
appropriate.
· Windows: All openings shall appear as individual 'punched' windows,
or groups of openings, in lieu of ribbon windows or storefronts, except at
main building entries. All windows shall have solid bulkheads between
the sill and adjacent ground or paving surface except at entry sidelights.
· Equipment, Service and Loading Concealment: Truck parking, large
doors, and loading/unloading areas shall be located within walled courts,
wings of the building, or a combination of both to substantially conceal
the activity.
· Relationship to parking: Entries to office or reception areas for
individual uses shall be on the front or approach side of the building and
shall be easily visible and distinguishable from adjacent parking areas
through the use of architectural elements and shall not rely on
disproportionally scaled signage.
3.7 Building Design Guidelines/Senior HousinglMultifamily Residential
In addition to the general architectural design guidelines, the following items
apply to multifamily projects.
· Garages and Carports: Enclosed garages attached to or separated from
the building shall be of the same architectural character and materials, and
painted with compatible colors. Consideration should be given to the
location of garages and carports to diminish the visual appearance of the
doors. Garage doors shall be kept to minimum sizes and shall not be over-
styled with arches, windows and decorative panels. Carports shall be
scaled to not appear as being insubstantial or temporary.
· Roofs and Roofing: Sloping roofs such as gables and hips are required.
Flat roofs for mechanical equipment shall be concealed by sloping roofs or
portions of the building. Dormers for windows, louvers and vents are
Eagle River Design Guidelines
March 1998
21
encouraged on large expanses of roof, and parapets, cornices and other
detailing is desirable.
· Windows: All openings shall appear as individual 'punched' windows,
or groups of openings. Horizontal as well as vertical mullions are
encouraged to reinforce residential scale, true divided lights are desired.
· Architectural Elements: Fireplace chimneys and enclosures are
desirable. Porches, decks with railings, columns, cornices, detailed
chimney tops, short fences, gates, and appropriately designed entries are
encouraged.
· Parking, Open Space and Trail Access: Parking for residents and guests
shall be conveniently located. Open spaces for landscaping, decks, terraces
and visual relief shall be considered. There shall be pedestrian and bicycle
access to the path and street system.
3.8 Building Design Guidelines! Residential
In addition to the general architectural design guidelines, the following items
apply to duplex and single family residential projects.
· Mass and Proportion: Houses shall be of a scale and proportion that
relates well to adjacent houses without dominating, overwhelming or
appearing insubstantial in relationship.
· Character and Style: Houses shall be visually consistent with adjacent
houses and reflect residential use without intentionally copying materials,
details and colors except where it may be an advantage to do so, such as
fences, exterior lighting, paving materials and elements that help define an
integrated community. Facades shall not be over-styled with inappropriate
decorative elements lacking respect for traditional precedent.
· Garages: Enclosed garages attached to or separated from the house
shall be of the same architectural character and materials, and painted with
compatible colors: Consideration should be given to setting garages back
from the front of the house to diminish the visual appearance of the doors.
Garage doors shall be kept to minimum sizes and shall not be over-styled
with arches, windows and decorative panels. Carports are discouraged.
· Roofs and Roofing: Sloping roofs such as gables and hips are required.
Dormers for windows, louvers and vents are encouraged on larger roofs,
and parapets, cornices and other detailing is desirable. Materials for
sloping roofs should be appropriate to the scale of the building and can be
Eagle River Design Guidelines
March 1998
22
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asphalt or composition shingles that do not simulate other materials, wood
shingles or shakes, and flat concrete tiles.
· Windows: Individual and groups of windows shall be in proportion
with the house facade and individual-glazing panes shall not be over-sized.
Horizontal as well as vertical mullions are encouraged to reinforce
residential scale, true divided lights are desired. Shading shall be achieved
with approved awnings, canopies, overhangs and other architectural
elements; substantially tinted or colored glazing and interior shading films
are not allowed. Trim, dormers, shutters and appropriate detailing are
desirable. Fully arched windows are discouraged except when historically
compatible with the architectural style. Multiple-arched, over-sized round,
sloping head and other 'trendy' window styles are inappropriate.
· Materials: Buildings are encouraged to be constructed of high quality,
substantial, well-wearing materials: Brick, stucco, wood or composition
sidings - horizontal or vertical boards, boards or plywood with battens,
shingles, or EIFS (exterior insulation and finish systems) with proper
detailing. Local stone is encouraged and shall be used as walls, wainscots,
chimneys, columns or plinths but not as decorative panels. Materials that
are imitations of other materials are discouraged; such as concrete formed
to appear as stone. Appropriate combinations of materials to modify scale
and add visual interest should be considered.
· Architectural Elements: Attention to detail is encouraged and shall be
proportional to the facade with the caution that non-traditional elements
used for only decorative purposes are discouraged. Fireplace chimneys
and enclosures are desirable. Porches, decks with railings, columns,
cornices, detailed chimney tops, and appropriately designed entries are
encouraged. Fences shall be designed to enhance visibility and shall not
be tall, solid barriers that negate the feeling of neighborhood. Fences shall
not dominate comer lots or long side yards.
· Parking, Open Space and Trail Access: Parking for residents and guests
shall be conveniently located. Open spaces for landscaping, decks,
terraces and visual relief shall be considered. There shall be pedestrian
and bicycle access to the path and street system.
· Entry Walks and Drives: Driveway widths shall be kept to a minimum
at the curb line and widen as necessary within the property. Walks shall
be appropriately scaled. Pavers or patterned concrete is encouraged for
walks and drives.
Eagle River Design Guidelines
March 1998
23
· Equipment Concealment: Mechanical and electrical equipment shall be
located as much as possible away from front yards and screened from
view. Refuse and recycling containers shall be stored out of public view
inside garages or behind fences - enclosures designed strictly for
concealment purposes are discouraged.
· Color: Walls shall be of light to medium values - decorative painting is
discouraged. Moderate changes in value and color are acceptable.
Brighter colors shall be used in limited areas. Consideration should be
given to colors used in the earlier part of this century; such as the
Williamsburg Colors by Sherwin Williams.
Eagle River Design Guidelines
March 1998
24
EXHIBIT E
CONCEPTUAL VEHICULAR AND PEDESTRIAN TRAFFIC
AND OPEN SPACE PLAN
DEVELOPMENT AGREEMENT - 18
S :\CLIENTS\3906\3\Devag.clll. wpd
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EXHIBIT F
EAGLE CITY CODE LAND USE TABLE
DEVELOPMENT AGREEMENT - 19
S:\CLIENTS\3906\3\Devag.c111. wpd
JAN-18-Cl0 14:30 FROM., 'Y OF EAGLE
ID:~ +939+8827
PAGE
2,
ORDDiANCE#~ 3~7
AN ORDlNAKCE A.I\,IEl'f"DlNG EAGLE CITY CODE TITLE 8 "ZO?\lNG",
CHAPTER 2 ::ZO~l1."'iG DlSTRlCTS .~'{O MAPS~, SECTION 1, "DISTRICTS
ESTABLISHED, PDl<POSES Al~"D RESTRICTIONS" -~"\j"D SECTION 3
~'SCHEDCLE OF DISTRICT USE REGULATIO:.'[S"'; AI'-l"D PROVIDING Al~
BFfEcrrvE DATE.
\1t'hereas the City of Eagle hereby amends Eagle City Code Title 8 "Zoning",
Chapter 2 "Zoning Districts and ),traps", Section 1 "Districts Established, Purposes :md
Restrictions" [0 cbange the definition ofIhe MU ")'-fi.xed T.;se'~ zoning designation;
\\'hereas the City of Eagle amends Eagle City coded to allow the consideration
of use ofa Development Agreement in lieu ofa conditional use permit ~d./or PUD
upon rezoning to NIU;
\\'herws me City of Eagle amends EagIe City Code Title 8 "Zoning", Chaptcr 2
"Zoning Districts and Maps", Section 3 <<Schedule of District Use Regy.lations" to -
mcl.ude new pennined and conditional 'tlSeS in [he .Y!U ''1vlixed l;se"" zoning designation
as described in Section 3 below and as specifically sho\\"Jl on the anached E..'l:hibit "A";
\" "hereas the City of Eagle finds that the uses as described in Section 3 below
and as specifically sho",-']1 on the attached Exhibit "An are in accordance ""'ith the
general purposes of the Eagle Comprehensive p]an~
Whereas the City of Eagle finds that the uses as described in Section 3 below
and as specifically sho~n on the attached Exhibit "A" are in accordance with the
general purposes of the Eagle City Code; and \
\
\\-'hereas the City of Eagle :tliias that the uses as descn'bed in Section 3 below
and as specifically shovm on the attached Exhibit "A" are in accordance with the
Specific purpose of the :f\.fU "}"iixed Use" zoning designation 2.S outlined within Ea2le
City Code Section 8-2-L ~
NO\\', THEREFORE" BE IT ORD_~D, by the MJ.YOT and Cit"lj Council of
the City ofEagie, Idaho as [oUows:
SectiOTl 1: Tnat Eagle City Code Section S-2-1~ "Districts Established,
Purposes and Restrictions" be, and the same hereby is, amended \vith the. strike-thru text
being delet~d and the Q.r:lderlined text being added LO read as fc>l1O\ys:
P::.g>:] of3
:c:.:.'j'!:\Dmn~ ..c.~(\E.J.~!e..... ~J;(""'..ciCL"':.f'.;:::O..:...' I 'i"J-)...:;OA.;..~ ':'r~ .:.:c
JAN-18-00 14:30 FROM.( Y OF EAGLE
10:2 +939+6827
PAGE
3,
?YILT NrrXED USE DISTRlCT: To provide for a v3liet'j and mixture of uses such as
limited office, limited commercial, and residenri~-=Ye!opn::.:::s, :s ::1 .:;:prC91'i.:.~:
t:':.r:si::.o~ bct?\c:n .;:;xis:m; or propoS-::G .2:ea::icr :::O:J:~:::-::::~! .::r :ndq:rinl :::r:::~ ;:"1]d
e~';-"~~ cr ~l::::mcc ~~~'l... -c-:~~~t:~l "-c,; This Dl'stn"ct is int'enu'e..; to en"'UTe
4..>,J\oo ~ .. ~ _'w" """.:.. .............-.....- -... ~ oJ
cornpatibiiity of new development with existing and future rcs:':3:1t~ development. It is
also intended to ensure assemblage of properties in a unified plan "iNith coordinated and
hannonious development which shall promote outstanding design \vithourUllSightly and
unsafe strip co~ercial develop~ent. ~s~ :.':c.t ~~:::1Jl::3 7.'i~~ $h~Uld cofn~ci1t the
llses allowed \Vltbm the CBD Zonmg DlStnct s~:: be -=::.:e:::::'';:e. All deveopmem
requiring a conditional use permit in the lVfU Zoning District) as shown .in Section 8-2-3
oftbis Chapter~ shall occur under the PUD and/or develoDmen.t ao-:-<eement process in
accordance with Chapter 6 or 10 of this Title unless the proposed development does not
meet the area Tequirements as set forth in Section 8-6-5-1 afmis Title. In that case a
cooperar:ive development, in conjunction with adjacent parcels (to meet the minimum
area requirements), shal] be encouraged. Otherwise a conditional use permit shall be
required unless the proposed use is sho'WTI as a permitted use in the LYfU Zoning District
v..ithin Section 8~2-3 ofrhis Chapter. Residential densities shall not exceed-nvemy (20)
dwelling units per- gross acre. \Vnen a property is being pro~sed for rezone to the MU
Zonmg District a development agreement may be. utilized in lieu of the PUD and/or
conditional use process if approved by the City Council provided the development
agreement includes conditions of development that are required during the PuT> a..'1d
ccndi tional use process.
Section 2: That Eagle City Code Section 8-2-3 (C), "Schedule of District
Use Regulations" be, and the same hereby is, amended with me strike-thru text being
deleted and the underlined text being added to :read as follows;
If"P" appears, the use is an allowed use; if "en appears. the use is only al10wed upon
the issuance of a conditional use permit andJ'or a develoDmen! azreement UDan rezone to
an NIT] zonin~ designation: ifno letter appears the use is prohibited.
Section 3: That Eagle City Code Section 8-2-3, "Schedule of Distnct Use
Regulations" be, and the same hereby is, amended for the '''?vIU'' zoning designation to
include t.1e list of pennitted. conditional and prohibited uses with the strike-rhru text
being deleted and the underlined text being added as specifically shown on the attached.
Exhibit ".A;
Section 4: The provi::,'ions or this ordinance are hereby declared to be severable
and if any provision or this act Or the application of such provision to allY person or
circumstance is declared invalid for ::'.,'1.y reasvn, such declaration shall r.ot aff:~C:i: the
validity Df remai:ning portions ort..t1Is ordinance,
PJi!C :2 of 3
~:::'?I::Il'UlU:;=: ~:~";..:- ..a.:;il~t':':"'.;'ZOJ\\!ffl'~<~.:~'~' c:ddiX
JAN-IB-00 14.31 FROM.CI
OF EAGLE
[D.2E 838+6827
PAGE
"1/
Section 5: That this Ordinance, or a summar; t.iJ.e:eof in compl:ia.'1ce ",,'ith
Sec~ion 50-901A. Idaho Cod~, shall be ptJ.blish~d once in the official newspaper of me
City, and shall take effect immediately upon its passage, approval, and publication.
Approved and adopted this 2Sr.!l day ofJanuary> 2000.
:vfayor Rick y,,~glJirre
ATTEST:
Sharon }"'1oore, Eagle City Clerk
Kc'':1'''''''n~ ~';':'~:i;: ~~W~:~~~.~ :8":".).4.3-'".> z":' 0:<
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Addendum to Development Agreement
The undersigned parties have entered into that certain Development Agreement dated January
25, 2000, a memorandum of which is recorded as Ada County Instrument No. /000//6 9d2- .
Attached to this Addendum is a full size copy of Exhibit A of the Development Agreement ("Concept
Plan"). The parties are executing this Addendum to confIrm that the Concept Plan attached hereto
and initialed by the Parties is a true and correct copy of Exhibit A attached to the Development
Agreement.
January 25,2000
ATTEST:
BYJ..1,r....y. -~ ~
Sharon K. Moore
. _d"1Iit.ll.....!~~
CIty Clerk 1'+'f.\'JiV 0 II ii:j/;....,.,.,..
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CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the
State of ho
EAGLE RIVER, L.L.c.
By: ~~
Charles Carlise
Authorized Signatory